Hawaii Marital Property Division Guide

Hawaii follows equitable distribution using what courts call the economic partnership model. Under HRS § 580-47, courts divide marital property like dissolving a business partnership—fairly, but not necessarily equally. Hawaii is not a community property state, giving judges broad discretion to reach just outcomes. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

The Economic Partnership Model

Hawaii treats marriage as an economic partnership. When dividing property, courts apply principles similar to dissolving a business:

• Capital contributions—premarital assets, gifts, and inheritances
• Partnership assets—property acquired during the marriage
• Fair dissolution—dividing assets and debts equitably

Marital vs. Separate Property

Marital property includes assets acquired during the marriage, regardless of title:

• Real estate purchased during marriage
• Bank accounts and investments
• Retirement savings
• Vehicles and personal property
• Business interests

Separate property typically includes assets owned before marriage, gifts, and inheritances—but can become marital through commingling.

Factors Courts Consider

Hawaii courts weigh multiple factors when dividing property:

• Financial resources of each party
• Duration of the marriage
• Standard of living established during marriage
• Age and health of the parties
• Vocational skills and employability
• Needs of each spouse
• Custodial responsibilities
• Ability to meet one's own needs while meeting the other's

Broad Court Discretion

Hawaii courts have significant discretion in property division. Unlike states with presumptive starting points, Hawaii judges can allocate assets as they see fit. For example:

• A 60/40 split may be ordered in lieu of alimony
• Income-producing assets may go to the lower-earning spouse
• The division must be just and equitable—not mathematically equal

Premarital Partnership

Hawaii recognizes that some couples form an economic partnership before marriage. If you cohabited and shared finances prior to marriage, courts may consider those premarital contributions when dividing the marital estate.

Division of Debt

Debts are divided using the same equitable principles as assets. Marital debts—mortgages, car loans, credit cards used for family expenses—are allocated fairly based on circumstances.

The Family Home

Learn more about who gets the house in a divorce and how Hawaii courts handle real estate division.

Estimate Your Hawaii Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Hawaii's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• Hawaii uses the economic partnership model
• Property is divided equitably—not necessarily equally
• Courts have broad discretion in allocating assets
• Premarital cohabitation may be considered
• Commingling can convert separate property to marital

For official forms and court information, visit the Hawaii State Judiciary Self-Help Center. Review the Hawaii divorce timeline to understand the process. Consulting with a Hawaii family law attorney is recommended for divorces involving significant assets.