A: Alimony is the payment of spousal support from one party to another and is treated as a taxable income to the recipient. Alimony is generally viewed as a rehabilitative payment from one spouse to another to help the receiving spouse get back out into the work force.

Q: Is child support tax deductible?

A: Child support is not tax deductible by the paying parent nor is it treated as taxable income to the receiving parent.

Q: What does "custody" entail?

A: Custody is the legal right and responsibility awarded by the court for the care, possession, and rearing of a child./

Q: What is "joint custody"?

A:Joint custody is the shared right and responsibility awarded by the court to both parents for possession, care, and rearing of the children.

Q: What is an "equitable distribution" of property?

A: Hawaii is an "equitable distribution" state. It is a system of distributing property in connection with a divorce or dissolution proceeding on the basis of a variety of factors without regard to who holds title.

Q: What does "community property" mean?

A: Hawaii is not a "community property" state. Generally, community property is the property acquired during the marriage by the work and efforts of the parties. It applies in those states known as community property states.

Q: What is a legal separation?

A: A judgment of the court or written agreement directing or authorizing the spouses to live separate and apart. A decree of separation does not dissolve the marriage and does not allow the parties to remarry. In Hawaii, the court procedure for a legal separation is very similar to a divorce except that the legal separation only lasts for two (2) years.

Q: What is a "no fault divorce"?

A: A "no fault divorce" is a divorce granted without the necessity of proving one of the parties guilty of marital misconduct. Fault is marital misconduct that may be considered for some issues in some states. Hawaii is a "no fault" state.

Q: What is an "uncontested divorce"?

A: An "uncontested divorce" is a proceeding in which a person sued for divorce does not fight it and instead reaches an agreement with the spouse during the divorce proceedings. This means that all the terms of the divorce are agreed upon by both parties. Uncontested divorces are generally much more amicable and economical and are often the preferred approach to resolving divorce cases.