Hawaii is a marital partnership property state. Under Hawaii Revised Statutes § 580-47, the family court has authority to divide the estate of divorcing spouses — whether that property is held jointly, in one spouse’s name, or otherwise — in whatever manner it finds “just and equitable.”
In practice, this means each spouse is first credited for the assets and debts they brought into the marriage as of the date of marriage. Gifts and inheritances received by either spouse during the marriage are treated the same way — credited to the spouse who received them, rather than folded into the pool to be divided. What remains after these credits is the “net marital partnership property,” and it’s this net amount that gets divided between the parties.
One point that surprises many people: any appreciation in value of premarital assets and debts, or of gifts and inheritances received during the marriage, is generally treated as marital partnership property and is subject to division — even though the original asset itself was credited to one spouse alone. For example, if one spouse owned a home before marriage, the home’s value at the date of marriage is credited to that spouse, but the increase in value during the marriage is typically part of the property to be divided.
There is no hard rule dictating a specific percentage split. However, absent a good reason to do otherwise, Hawaii courts generally divide the net marital partnership property equally between the parties. In deciding whether an equal division is appropriate, courts look at the full circumstances of the case, including the relative merits of the parties, their relative abilities, the position each spouse will be left in after the divorce, the burdens imposed on either party for the benefit of the children, and other relevant circumstances.
Because this process involves crediting date-of-marriage values, tracing gifts and inheritances, and separating principal from appreciation, property division cases often benefit from careful documentation and, where real estate is involved, an accurate understanding of current market value.
Judy S. Howard, Esq. is a Hawaii family law attorney based in Waimea, focusing on divorce and pre- and postnuptial agreements. She is also a Certified Divorce Real Estate Expert (CDRE), helping divorcing couples navigate real estate decisions with clarity and neutrality.
The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Judy S. Howard. Laws vary by jurisdiction and change over time, and the application of law to any particular situation requires individual legal analysis. If you need legal advice, please consult a licensed attorney directly.