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Deciding about divorce might not seem easy. It takes a firm mind to decide about separation. While deciding about it, you may have a plethora of questions about proceedings and overall impact on life after getting separated.
To ensure that no discrepancies arise in the future regarding the financial support of the spouses, alimony is decided in advance. The award of alimony to a spouse varies by state/country. Alimony is separate from any payments of child support.
This article will resolve your queries regarding, what would be its procedure, how will it be calculated and all other related questions of alimony Hawaii.
What is Alimony in Hawaii?
It is a legal obligation that one spouse has to provide financial support to the other during a separation or after a divorce. Alimony Hawaii is intended to enable the spouse with lower income to maintain the same standard of living they enjoyed during the marriage.
There are three types of spousal support which judges in Hawaii can order!
Temporary spousal support
It is the basic support during the divorce process. The court may order it to help lower-earning or without having any earning spouse meet financial needs in the process of divorce. This may end after the final judgment of the judge at the time of finalizing the divorce.
Short-term Support
Short-term support, perhaps as short as six months after the divorce or maximum as one year. The rehabilitation short term support is the most common support offered in Hawaii. In this spousal support, the lower-earning spouse needs financial help to acquire employment and eventually become self-supporting. The rehabilitation support system lasts for as long as the court believes that the spouse becomes employed. You must submit a plan to the judge, explaining how you will help to get the suitable employment for that spouse within a specified period.
Long-term spousal support
The long-term support system is for the spouse who is unable to find employment due to any disability or age factor. Long-term support although rare but alimony may be permanent in it. Amounts can vary according to the circumstances of a marriage.
About Hawaii Alimony Law!
Hawaii is a state which strictly follows the rules. Aside from the emotional and financial burden that divorce can take on you, you must understand the legal aspects of it that are essential as well as a complex challenge for you.
There are some grounds for divorce in Hawaii which you must follow!
* You must cite the irreconcilable differences for your divorce to be granted to manifest it is no-fault divorce.
* You must be a resident of the state for the last six months before filing the divorce.
Similar Link: The Qualities That Make A Good Hawaii Divorce Lawyer!
According to equitable distribution, all the assets were divided in Hawaii. Marital assets are divided fairly but not always on a 50/50 basis. Marital debts are also treated similarly to asset division. Besides including income of both, the alimony amount depends upon the monetary needs of the spouse seeking alimony, length of the marriage, etc.
How is alimony calculated in Hawaii?
There is no set formula when deciding alimony in Hawaii. The amount of alimony depends upon several possible factors by the court:
* Financial resources of the spouse
* Duration of marriage
* Standard of living established during the marriage
* Age of the spouse
* Custodial and child responsibility
At the final settlement, the court decides that one spouse is entitled to a sum of money to be paid to the other.
What are the stipulations for alimony?
The very first thing to remember in the stipulation for alimony that both the partners must have to disclose all the assets, income so the court may take a fair decision. Hawaii bar association can punish the spouse who attempts to hide assets.
If with mutual understanding, parties agree on the division of assets and debts, the judge doesn’t have to decide it. In case of disagreement, the judge will decide at a trial. Hawaii follows the “Partnership Model” while dividing the marital estate which does not include ‘separate property’.
Takeaway!
There are different alimony laws in every state. If you are finding a verified Honolulu divorce lawyer to help you file for alimony in Hawaii then reach us. An experienced law attorney can explain all the terms that may apply to your case and do the best for you.
Contact us for further info!
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Published on October 17, 2020
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