How Hawaii Divides Property in Divorce (2026)

Hawaii is an equitable distribution state. The court divides marital property fairly, considering all relevant circumstances — not necessarily 50/50.

Marital vs. Separate Property

Marital Property — Subject to Division

All property acquired by either spouse during the marriage is marital property:

• Wages and salaries earned during the marriage
• Real estate purchased with marital funds
• Retirement contributions made during the marriage
• Vehicles, bank accounts, and personal property purchased with marital funds
• Business interests acquired during the marriage

Separate Property — Generally Not Divided

Property is separate if:

• Owned by one spouse before the marriage
• Received as a gift by one spouse (even during the marriage)
• Received as an inheritance by one spouse (even during the marriage)
• Kept separate and traceable throughout the marriage

Commingling risk: Mixing separate funds with marital assets can convert separate property to marital property.

Equitable Distribution Factors

Hawaii courts consider all relevant circumstances, including:

• Duration of the marriage
• Financial situation of each party
• Economic circumstances at the time of division
• Standard of living during the marriage
• Contribution of each party (including homemaking and childcare)
• Income and employability of each party
• Tax consequences
• Any wasteful dissipation of assets

Spousal Support — Court Has Broad Discretion

Hawaii courts have broad discretion to award "spousal support" (Hawaii's term for alimony). No formula — entirely judicial discretion based on need and ability to pay. Fault may be considered.

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required after Divorce Decree. Marital portion = contributions from date of marriage to date of separation.
• Hawaii ERS (state employees): Contact Hawaii Employees' Retirement System — ers.hawaii.gov — for domestic relations order procedures.
• IRAs: Transfer incident to divorce — Decree language and direct rollover.

Real Estate — Hawaii Bureau of Conveyances

Hawaii is unique in using a state-level Bureau of Conveyances for all real property deed recording — not county recorders as in most states.

1. Prepare a Quitclaim Deed or Warranty Deed
2. Execute and notarize
3. Record at: Hawaii Bureau of Conveyances — dlnr.hawaii.gov/boc
4. Fee: ~$25–$35 per instrument
5. Hawaii does not impose a general excise tax on divorce-related real estate transfers — confirm with the Bureau

Last reviewed: March 2026 | Equitable distribution — not 50/50 | Marital property = acquired during marriage | Separate = pre-marital/gifts/inheritances | Spousal support: broad court discretion | QDRO for ERISA plans | Hawaii ERS for state employees | Hawaii Bureau of Conveyances — STATE-LEVEL deed recording | courts.state.hi.us/self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.