Alimony in Hawaii
The Basics of Alimony in Hawaii
It doesn’t always happen with divorce in Hawaii; but just in case it does, there’s not one single spouse potentially dealing with a petition for divorce that shouldn’t stay well-informed about what the laws are for alimony in Hawaii.
First Off, What Is ‘Alimony’?
Also known as ‘spousal support,’ alimony is where one party in a divorce makes supplemental payments the other party in a divorce will receive for the purposes of living expenses. It’s very much like child support in that payments are made, except alimony is directly for the other party in the divorce matter.
Regardless of the state, there are four types off alimony. For the purposes of this article, alimony in Hawaii utilizes all four types as well:
1. Lump-Sum
2. Rehabilitative
3. Temporary
4. Permanent
Typically when dealing with alimony in Hawaii, “rehabilitative” alimony is the most common that is ordered by the court. However, other issues might influence the type of alimony, such as….
1. The Payer’s Finances
2. The Payee’s Finances
3. Standard of Living and Situation
To be truthful, all these factors can be taken into account, and with the assistance of both parties and the court a decision and determination can be found.
What Are These Types of Alimony in Hawaii?
Lump-sum is exactly what it sounds like. The court may order a complete full payment for an established amount resulting in an end to any further payments. Sometimes it can be beneficial for both parties.
Temporary alimony in Hawaii also is self-explanatory, in that payments would only be made for a period of time – typically one or two years –for the purpose of the other party basically “getting back on course in life.”
Rehabilitative, though, is for the purposes of education, funding for schooling on the other party in the divorce for purposes of establishing good income.
The most extreme case of alimony, though – while not as common, can happen – is ‘permanent’ alimony, for obvious reasons such as physical or mental disability, for example.
It’s important to know, though, that upon the event of remarriage for the other party, typically alimony is then terminated.
Considerations for Alimony
Of course, there are certain requirements for any court to consider alimony payments in a divorce case. They include:
1. Finances for Both Spouses
2. Length of Marriage
3. Standard of Living
4. Age of Both Spouses
5. Emotional and Physical Condition
6. Work Situations
7. Education
8. Standard Needs of Both Spouses
9. Child Custody and Support
10. How Long the Other Spouse May Need for Support
It’s a lengthy process for a court to determine both what kind of alimony to award, the amount of alimony to award, and whether or not both parties can agree to it.
There’s One Important Thing in the Matter
Coming to a decision quickly is always best, or else the petition for divorce will not get finalized until it does. For the most part, in the long run, it’s in the best interests of both parties to try and come up with an agreement and/or compromise when it comes to alimony in Hawaii.
