How are assets divided in a divorce in Hawaii?

Hawaii is an equitable division state, which means that most assets and debts acquired during the marriage are subject to division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions include gift inheritances received during the marriage.

How is property divided in a Hawaii divorce?

Before property can be divided in a Hawaiian divorce, it must be determined which property belongs to both spouses and which property is separate. Generally, property acquired before marriage or after the date of separation is considered separate. This also applies to gifts and inheritances, as long as those assets are not commingled.

When does property need to be divided in a divorce?

Property owned by either spouse prior to the marriage and kept separate during it It is important to note that, in community property states, some items that may intuitively seem to be separate are actually legally considered marital property and will thus be subject to division.

How is property divided in a divorce in Alaska?

In Alaska, couples can choose to sign an agreement that designates certain marital assets as community property. Community property, including debts, each spouse’s income and shared property, is usually divided evenly while separate property continues to be retained by its legal owner.

What happens to your property when you separate from your spouse?

When people separate, they usually need to sort out how to divide their assets (property) and debts. There are various ways this can be done: you and your former spouse or de facto partner can agree on how your property should be divided without any court involvement

Hawaii law requires a division of property in divorce to be equitable, meaning that it must be fair but not necessarily equal.

What should I know about property division in a divorce?

After gaining a firm understanding of what constitutes marital property and separate property, it is important to know the laws on the books determining property division in the state in which the divorce is taking place.

Can a property be divided in a divorce in Wisconsin?

No. Under Wisconsin divorce laws, property division applies to “marital” property, but not “individual” property. (Wis. Stats. § 766.31.) The term “property” encompasses pretty much everything the couple own, such as a house, cars, bank accounts, stocks, furniture, art, and so on.