Quick answer: Hawai‘i is an equitable distribution state, not a community property state. On granting a divorce the Family Court may make the orders that appear just and equitable, including finally dividing and distributing the estate of the parties, real, personal or mixed, whether community, joint or separate, and allocating responsibility for debts. The statute sets no percentage. The court takes into consideration the respective merits of the parties, their relative abilities, 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, a violation of a restraining order and all other circumstances of the case.
What HRS 580-47 says
- Reach. The estate of the parties, whether community, joint or separate.
- Standard. Just and equitable, taking into consideration the respective merits, relative abilities, the condition in which each party will be left, the burdens imposed for the children’s benefit, concealment of income or an asset, violation of a restraining order and all other circumstances.
- Debts. The court also allocates responsibility for the payment of debts.
- Support. Support and property are decided under the same section, so the condition in which each party is left matters for both.
How the calculator works
You enter everything each spouse holds and each spouse’s debts. The calculator adds up the combined estate, applies the share you choose and shows the equalizing payment. Because the statute sets no percentage, nothing here predicts what the court will order. The reasoning is in how Hawai‘i divides property, merits, concealment and conditions and debts, retirement and the home.
Property and spousal support
The court decides property and support together. See the Hawai‘i alimony calculator.
Property division across Hawai‘i
The statute applies in the Family Courts of all four circuits, from Honolulu, Hilo, Kailua-Kona, Kahului, Lihue or Kapolei. The IRS lists nine community property states, and Hawai‘i is not among them.
Frequently asked questions
Is Hawai‘i a community property state?
No. Hawai'i divides the estate of the parties, whether community, joint or separate, in the way that appears just and equitable. The IRS lists nine community property states, and Hawai'i is not among them.
Does Hawai‘i split property 50/50 in a divorce?
Not by statute. HRS 580-47 sets no percentage and tells the court to consider the merits and abilities of the parties, the condition each will be left in and all other circumstances.
Can separate property be divided in Hawai‘i?
The statute lets the court divide the estate of the parties whether community, joint or separate, so separate property is within the court's reach.
Does concealing assets matter in a Hawai‘i divorce?
Yes. The court takes into consideration the concealment of or failure to disclose income or an asset.
Are debts divided in a Hawai‘i divorce?
Yes. The court allocates responsibility for the payment of debts.