The Thirteen Factors for Hawai‘i Spousal Support
Hawai‘i has no spousal support formula. The court weighs thirteen statutory factors, including financial resources, ability to be self-supporting, the length of the marriage, the standard of living, ages and condition, needs and the payer’s ability to pay, along with merits, concealment of income or assets and all other circumstances.
The statute
Under HRS 580-47(a), on granting a divorce the court may make orders that appear just and equitable, including compelling either party to provide for the support and maintenance of the other. In ordering spousal support and maintenance, the court considers the thirteen factors listed in the statute, in addition to any other relevant factors.
The thirteen factors
(1) Financial resources of the parties; (2) ability of the party seeking support to meet his or her needs independently; (3) duration of the marriage; (4) standard of living established during the marriage; (5) age of the parties; (6) physical and emotional condition of the parties; (7) usual occupation of the parties during the marriage; (8) vocational skills and employability of the party seeking support; (9) needs of the parties; (10) custodial and child support responsibilities; (11) ability of the party from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support; (12) other factors that measure the financial condition in which the parties will be left as a result of the action; and (13) the probable duration of the need of the party seeking support.
Other considerations
In making these orders the court also takes into consideration the respective merits of the parties, the relative abilities of the parties, the condition in which each will be left by the divorce, the burdens imposed on either party for the benefit of the children, the concealment of or failure to disclose income or an asset, or violation of a restraining order, and all other circumstances of the case.
Needs and ability to pay
Factors (2), (9) and (11) are the heart of most cases: what the requesting spouse needs, what he or she can earn, and what the other spouse can pay after meeting his or her own needs. The Hawai‘i alimony calculator turns those three into a monthly ceiling.
Evidence to gather
Prepare a budget for each household, income records, proof of the standard of living, medical information, education and work history and any evidence about training costs and job prospects.
Questions to bring to an attorney
Ask how the court is likely to weigh the factors on your facts, whether a rehabilitative or an indefinite order is more likely and how a property award would interact with support.
How it fits with property
The condition in which each party will be left is a consideration for both support and property division, so the two are decided together. See the Hawai‘i property division calculator.
Frequently asked questions
What factors does Hawai‘i consider for spousal support?
Thirteen factors: financial resources, ability to be self-supporting, duration of the marriage, standard of living, ages, physical and emotional condition, usual occupation, vocational skills and employability, needs, custodial and child support responsibilities, the payer's ability, other financial factors and the probable duration of need.
Is there a spousal support formula in Hawai‘i?
No. The court weighs the factors and decides.
Does the standard of living matter for Hawai‘i spousal support?
Yes, it is one of the thirteen factors.
Do child care responsibilities affect Hawai‘i support?
Yes. Custodial and child support responsibilities are a factor.
Can either spouse receive support in Hawai‘i?
Yes. The statute speaks of the party seeking support and the party from whom it is sought, without regard to sex.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Hawaii statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Hawaii attorney.