Honolulu Alimony Attorneys
Spousal Support Achievable Through The Legal System
Alimony, also known as spousal support, is an award of money that one former
spouse pays to help financially support the other after a
divorce or separation has been filed. The money is intended to allow the lower-earning person
to maintain a similar lifestyle to what he/she enjoyed during the marriage.
In Hawaii, alimony is not guaranteed as a part of a divorce settlement.
The determining factors are very subjective and each case is different.
To reach an alimony agreement that protects your needs and finances,
contact our attorneys today.
How Is Alimony Determined?
Alimony is not required to be paid in Hawaii divorce cases. The divorcing
spouses must agree (otherwise the court will decide) whether spousal support
will be paid, who will pay it, how much it will be, and how long it will last.
Alimony is not a part of most divorce settlements, although most people
assume that it is.
If the couple cannot come to an agreement on their own, the fate of the
alimony issue is decided by the court.
When deciding if and how much alimony is necessary, if any, the court considers:
- Each party’s earning capacity
- The parties’ ages and physical and mental health
- The parties’ standard of living during the marriage
- The work experience, vocational skills, and educational levels of the dependent spouse
- The earning capacity and ability of the payor spouse to make alimony payments
- The length of the marriage
- The needs of both parties
Beyond earning potential, the court will also consider the situation of
both spouses in terms of separate and marital property, debts, age, health,
and standard of living. It also will factor in which parent has custody
of minor children, the amount of money each spouse can be expected to
earn, and the length of time it will take an unemployed spouse to be properly
trained to enter the job market and how long it may take to find one.
During alimony consultations, we often field and answer questions regarding
the financial logistics of how that spousal support payment affects other income.
Some resulting financial impacts of alimony to keep in mind are:
- Alimony cannot be dismissed or otherwise forgiven by a bankruptcy filing
- Alimony may affect the amount of child support the spouse is entitled to
Our Honolulu alimony attorneys will be able to provide you with specific
cost impacts as they pertain to your alimony case during your free initial
Need help with alimony in Oahu and the neighbor islands? Reach out to Coates
Frey Tanimoto & Gibson, AAL, LLLC at
(808) 518-6376 or complete our
simple contact form to schedule a free initial consultation.