When it comes to division of assets during a divorce, the state of Hawaii does not apply a fixed rule for determining the amount of property to be awarded to each spouse. Instead of a mandatory equal division, Hawaii applies a much different approach.
The Family Court applies the concept of the marriage as a business, also known as Marital Partnership principles, in which each spouse is an equal partner and the property is divided justly and equitably between the two spouses.
Hawaii judges are not bound to follow a fixed rule in regard to property division. Instead, the Hawaii Family Courts begin with a starting point based on Partnership Principles, and then allows some adjustment based on the facts presented. Although there is a certain degree of uniformity, stability, and clarity in the judges’ decision-making, the results can vary based on how the law is applied to each case and on each judge’s belief in what is fair.
Regardless of your specific situation, the family law division at PMK, led by Senior Associate Seth Harris, is available to guide you through a seamless division of property.