Honolulu Alimony And Spousal Support Attorneys
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.
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 the following factors, amongst others:
- 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 payer 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, 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, our Honolulu alimony lawyer often fields and answers 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
Contact Our Honolulu Alimony Lawyer Today
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 consultation. We have written the book on divorce and how to limit the financial and emotional damage it can cause. Learn how we can help you divorce with decency and move on with your life.
Need help with alimony in Oahu and the neighboring islands? Reach out to a Honolulu alimony attorney from Coates Frey & Hackett, AAL LLLC, at 808-379-3538 or complete our simple contact form to schedule a free initial consultation.