Honolulu Alimony Attorneys
Helping You Understand & Navigate Alimony Laws in Hawaii
Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. Alimony is not awarded in every divorce case, and the amount and duration of alimony payments can vary widely.
At Smith & Sturdivant LLC, we understand that alimony is a complex and often contentious issue in divorce. Our Honolulu alimony lawyers are here to help you understand your rights and options, as well as guide you through the process of seeking or disputing alimony. We have extensive experience handling all types of alimony cases, including those involving high net worth individuals and complex financial matters.
How Is Alimony Calculated in Hawaii?
Unlike child support, there is no specific formula for calculating alimony in Hawaii. Instead, the court will consider a variety of factors when determining whether to award alimony and, if so, how much and for how long.
Some of the factors the court will consider include:
- The length of the marriage
- The age and health of each spouse
- The financial resources of each spouse
- The standard of living during the marriage
- The needs of each spouse
- The ability of each spouse to work and earn an income
- The time and expense required for the lower-earning spouse to acquire the necessary education and training to find suitable employment
- The financial and non-financial contributions of each spouse to the marriage
- The tax consequences of alimony
- Any other relevant factors
It is important to note that, in Hawaii, the court will not consider marital misconduct when determining alimony. This means that the court will not consider whether one spouse cheated on the other or otherwise engaged in bad behavior during the marriage.
Types of Alimony in Hawaii
There are several different types of alimony that can be awarded in Hawaii. The type of alimony that is awarded will depend on the specific circumstances of the case.
The different types of alimony in Hawaii include:
- Temporary Alimony: Temporary alimony is awarded to help the lower-earning spouse maintain their standard of living during the divorce process. Temporary alimony is typically awarded when one spouse is financially dependent on the other and does not have the resources to support themselves during the divorce.
- Rehabilitative Alimony: Rehabilitative alimony is awarded to help the lower-earning spouse become self-supporting. Rehabilitative alimony is typically awarded when one spouse needs to acquire additional education or training to find suitable employment.
- Reimbursement Alimony: In reimbursement alimony, one spouse is compensated for their contributions toward the education or training of the other spouse. In most cases, reimbursement alimony is awarded when one spouse supported the other through school or training and the couple divorced before the spouse who received the support could benefit from it.
- Permanent Alimony: When one spouse cannot support themselves due to age, disability, or other circumstances, permanent alimony is awarded. In long-term marriages, permanent alimony is typically awarded when one spouse cannot afford the same standard of living as they did during the marriage.
- Bridge-the-Gap Alimony: Bridge-the-gap alimony is awarded to help the lower-earning spouse transition from being married to being single. Bridge-the-gap alimony is typically awarded when one spouse needs financial assistance to pay for living expenses while they are waiting for the divorce to be finalized or while they are looking for a job or a new place to live.
How Long Does Alimony Last in Hawaii?
The duration of alimony in Hawaii will depend on the specific circumstances of the case. In general, the court will consider the length of the marriage when determining how long alimony should last. The longer the marriage, the more likely it is that the court will award permanent alimony.
However, even in long-term marriages, the court may award rehabilitative alimony if the lower-earning spouse is able to become self-supporting within a reasonable period of time. The court may also award rehabilitative alimony in short-term marriages if the lower-earning spouse needs to acquire additional education or training to find suitable employment.
It is important to note that, in Hawaii, the court has the authority to modify or terminate alimony if there has been a substantial change in circumstances. This means that the court can increase, decrease, or eliminate alimony if the financial situation of either spouse has changed.
How Does Alimony Affect Child Support?
Alimony and child support are two separate types of support that can be awarded in a divorce. Child support is intended to help the custodial parent pay for the child’s basic needs, such as food, clothing, and shelter. Alimony, on the other hand, is intended to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage.
When determining child support, the court will consider the financial resources of both parents, as well as the needs of the child. The court will also consider the amount of alimony that is being paid or received. If the paying spouse is already paying a significant amount of alimony, the court may reduce the amount of child support that is awarded.
How Our Alimony Lawyers Can Help You
Whether you are seeking alimony or disputing an alimony request, our Honolulu alimony attorneys can help. We understand the complexities of alimony laws in Hawaii, as well as the factors that the court will consider when determining whether to award alimony and, if so, how much and for how long.
When you choose Smith & Sturdivant LLC, you can expect:
- Personalized Legal Services: We will take the time to understand your unique needs and goals, as well as explain your rights and options. We will then work with you to develop a personalized legal strategy that is tailored to your specific circumstances.
- Aggressive Advocacy: We are skilled litigators who are not afraid to take a case to court if a fair agreement cannot be reached. We will aggressively advocate for your rights and best interests at all times.
- Responsive Communication: We understand that divorce and alimony matters can be stressful. Our Honolulu alimony lawyers will be here to answer your questions and address your concerns throughout the process. We will also keep you updated on any developments in your case.
Request a Consultation Today
At Smith & Sturdivant LLC, we are committed to providing our clients with the compassionate legal guidance they deserve. We will work tirelessly to protect your rights and best interests at all times. Our team is available to answer your questions and address your concerns, and we will keep you updated on any developments in your case.
“Thank you, from the bottom of my heart.”I can't express enough on how thankful I am to have found Atty Sturdivant and his Legal Assistant, Sarena. They helped me tremendously get through a process that I never thought I could have overcome - a divorce. They made this a very smooth and painless process. As a result, I am relieved. Thank you, from the bottom of my heart.- Floriza F.
“They will always have your back, these family lawyers are second to none!!”Bottom line, if anyone is looking for the highest quality in service and care, wishing to be in the best possible hands you could be during the delicate and sensitive legal matters you may need assistance with, save some time and make the right decision, talk to Mr. Justin and Mr. Daniel, you will not regret it, they will always have your back, these family lawyers are second to none!!- Juan S.
“Did a great job of being a friend as well as attorney.”I went thru an extremely painful divorce. One I never saw coming, and one I never wanted to happen. Justin was there to guide me and advise me when needed. Always available to see me, or talk on the phone when I had questions. Sad as the situation was, Justin seemed to feel what I was going thru and did a great job of being a friend as well as attorney. His fee was very fair, and I would highly recommend him to anyone dealing with these issues.- Salvatore
“I felt like he was straight with me, both good and bad, unlike other lawyers I've met with.”Justin Sturdivant met with me personally and took the time to answer my questions. I felt like he was straight with me, both good and bad, unlike other lawyers I've met with. If I have to go forward with my divorce I'll be going with Mr. Sturdivant.- Johnny
“He not only gave me a fair and equitable retainer fee, he got the results I was looking for.”I contacted Justin when I was in need of an attorney and he was exactly what I needed. He not only gave me a fair and equitable retainer fee, he got the results I was looking for in less time than I had personally allocated for when I originally encountered the issue. I was not only satisfied but ecstatic, I would use him for all my issues from here on forward, should I have any.- Greg