Alimony in Hawaii: Your Guide to Spousal Support in the Aloha State

Despite what some may think, alimony in Hawaii isn’t required by law in divorce settlements. Additionally, alimony can vary quite a bit from case to case, and either the two spouses or the court decides on the details. These details include whether alimony is paid, who will receive it, and the amount, and more. 


In this comprehensive guide, we at Honolulu Family Law Office lay out key aspects of alimony in Hawaii in an easy-to-digest format, allowing you to clearly understand the implications of alimony in our great state and what it means for you. We’ll cover information such as who is entitled, factors that influence alimony, types of alimony, and more so our clients are aware of the various intricacies. 


There’s no doubt that navigating the process of alimony in Hawaii has many complexities and considerations. To help you wade through everything, we are here to offer our expertise and compassion. If you have questions after reading, please reach out to us.

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Who Is Eligible for Alimony?

First let's dive into who is entitled to alimony in Hawaii. While there are certain criteria that need to be met, the most basic is that the couple must have been legally married. From there, numerous factors help determine who will ultimately receive alimony, and we’ll explore these in more depth in the coming sections.

  • Marital Fault in Alimony Decisions

    In Hawaii, the concept of marital fault is not a predominant factor in alimony decisions. The state follows a no-fault divorce system, which means that spouses may seek a divorce without having to prove that one person alone is to blame for the dissolution of the marriage.



    Instead, the primary focus of alimony decisions in Hawaii revolves around the financial needs of the recipient spouse and whether or not the paying spouse is able to provide support; many factors are considered.

  • Does Adultery Affect Alimony in Hawaii?

    Since Hawaii is a no-fault state, adultery doesn’t have a direct impact on the calculation or determination of alimony payments.

How Is Alimony Calculated in Hawaii?

While in some states, there are fixed alimony calculation formulas, Hawaii doesn’t abide by one. Instead, in general, it’s calculated based on the individual circumstances of the case by the family court judge appointed to the case.

Factors that Affect Alimony

There’s a wide range of factors that go into determining the amount and duration of alimony.

  • Current Standards of Living

    For the spouse receiving alimony, their lifestyle and standard of living maintained during the marriage will be considered when deciding the appropriate level of spousal support. 

  • Income Potential

    The difference in income between the spouses is a crucial factor. If one spouse significantly outearns the other, this could influence the amount and duration of alimony payments.

  • Length of Marriage

    The duration of marriage often plays a large role in alimony decisions, and longer marriages may lead to a higher likelihood of alimony being awarded.

  • Child Custody

    The presence of children and the custody arrangements can impact alimony. A spouse with primary custody of the children may have greater financial needs.

  • Health and Age of the Spouses

    The health and age of each spouse can be relevant, especially if it affects their ability to work and earn an income.

  • Contributions to the Marriage

    Non-financial contributions to the marriage, such as homemaking or supporting the other spouse's career, may also be considered.

  • Education and Employability

    The education, skills, and employability of both spouses may be taken into account when assessing the necessity and duration of alimony.


Maximum Alimony

The determination of the maximum alimony amount in Hawaii isn’t based on a specific predefined cap or formula. Instead, it’s influenced by various factors, such as the ones mentioned above. Since every situation is different, family court judges take into account the unique circumstances of each case, and nothing is rigidly defined. 

Can Alimony Be Changed?

Modification of alimony can be considered if there has been a marked change in financial circumstances or other relevant factors post-divorce. The court will evaluate the specific circumstances of the case before making a decision.

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Types of Alimony

Hawaii recognizes various types of alimony.

  • Alimony Pendente Lite (APL)

    Alimony Pendente Lite (APL), also known as temporary alimony, is alimony awarded during the divorce process to support the financially dependent spouse until a final spousal support arrangement is determined. 

  • Permanent Alimony

    In Hawaii, permanent alimony refers to spousal support that is awarded for an indefinite duration, typically until the death of either party or the remarriage of the recipient. This type of alimony is rare, but it can occur in cases where there is a significant income disparity between the spouses and the marriage has been long-term.


  • Rehabilitative Alimony

    This kind of alimony is awarded to assist the recipient spouse in obtaining education, training, or experience that will enable them to become self-supporting. This form of alimony is designed to help the recipient spouse rehabilitate or re-establish themselves financially after the divorce.

How Long Does Alimony Last in Hawaii?

How long is alimony paid in Hawaii? Well, as with other aspects of alimony, the duration can vary based on the specific circumstances of each case and is ultimately determined at the discretion of the judge. Even though there’s no fixed formula for figuring out the length of alimony, one commonly used standard for alimony duration is that one year of alimony is paid for every three years of marriage. 

  • Cohabitation and Alimony

    By definition, alimony is dependent on legal marriage, although there are some areas that award support payments between unmarried couples.


  • Remarriage and Alimony

    Remarriage can greatly impact alimony obligations. In many jurisdictions, including Hawaii, the recipient spouse's remarriage generally terminates the paying spouse's obligation to continue paying alimony. This is because the legal responsibility to provide financial support is typically tied to the ongoing marital relationship between the ex-spouses.


How Is Alimony Paid?

Alimony payments can be made through various methods, and the specific approach is often determined based on the court's decision or the terms outlined in the divorce decree or settlement agreement. Depending on the agreement, alimony can be paid in monthly payments or, more rarely, in a one-time lump sum. 

Seeking Legal Assistance for Alimony in Hawaii

How is alimony determined in Hawaii? Hopefully, you have a better sense after reading this resource put together by us at Honolulu Family Law Office. We’re committed to the well-being of our clients and make sure they’re heard and understood through each step of the process.


Please contact us with any questions or concerns about alimony in Hawaii or if you’d like to schedule a time to discuss your situation.

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