Hawaii Marital Settlement Agreement
A Hawaii marital settlement agreement lets divorcing spouses divide their property equitably, set spousal support, and address custody and child support, then have those terms reviewed and incorporated into the divorce decree. Attorney review available.
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Introduction
Hawaii's family courts divide a divorcing couple's estate however appears just and equitable under HRS 580-47 rather than by an automatic 50/50 split, and spouses use a marital settlement agreement, a written contract, to fix that property division, spousal support, and (by reference) custody and child support for the court's approval. In Hawaii this is the agreement a couple presents to the family court in their divorce case. Hawaii is an equitable-distribution state, not a community-property state: on divorce the court may make orders that appear just and equitable finally dividing and distributing the estate of the parties, whether community, joint, or separate (HRS 580-47). That means a fair division, which is not always an even 50/50 split. Hawaii has no statewide formula for spousal support; a court sets the amount and duration by weighing the factors listed in HRS 580-47(a), such as the financial resources of the parties, the duration of the marriage, and the standard of living established during the marriage. Custody and child support follow the statewide child support guidelines the family court is directed to establish (HRS 576D-7), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. When you settle by written agreement, the court reviews the terms and, if it finds them just and equitable, incorporates them into the divorce decree, which then has the force of a court order. DocDraft builds your Hawaii marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In Hawaii, where a divorce court can divide the couple's whole estate, whether community, joint, or separate, a marital settlement agreement is the written contract spouses use to settle that property and debt division, spousal support, and by reference custody and child support for the divorce decree that ends the marriage.
- 2
Hawaii is an equitable-distribution state, not a community-property state. On divorce the court may make orders that appear just and equitable finally dividing and distributing the estate of the parties, whether community, joint, or separate (HRS 580-47), so a fair division is not always an even 50/50 split.
- 3
Because Hawaii divides property equitably, a Hawaii marital settlement agreement lets you set the division yourselves, and the court reviews it and, if it finds the terms just and equitable, incorporates them rather than imposing its own division.
- 4
Hawaii has no statewide formula for spousal support. A court sets the amount and duration by weighing the factors in HRS 580-47(a), such as the financial resources of the parties, the ability of the party seeking support to meet their needs independently, the duration of the marriage, and the standard of living during the marriage.
- 5
Child support follows the statewide child support guidelines the family court is directed to establish (HRS 576D-7). Parents may agree on terms, but custody and child support stay subject to court approval, follow the guidelines, and remain modifiable in the best interests of the children and cannot be bargained away.
- 6
When you settle by written agreement, the family court reviews the terms and, if it finds them just and equitable, incorporates your property division, spousal support, custody, and child support terms into the divorce decree, which then has the force of a court order.
- 7
A Hawaii marital settlement agreement must be in writing and signed by both spouses. No Hawaii statute located requires the agreement itself to be notarized, and Hawaii does not impose a fixed statewide cooling-off waiting period, though the court must still review and approve the terms.
Key decisions before you file
Before you file a Marital Settlement Agreement in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Hawaii Requirements for Marital Settlement Agreement
Equitable Distribution, Not Automatic 50/50
Hawaii is an equitable-distribution state, not a community-property state. On divorce the court may make orders that appear just and equitable finally dividing and distributing the estate of the parties, whether community, joint, or separate (HRS 580-47). Equitable means fair, which is not always an even 50/50 split.
You Can Agree on a Fair Division
Because Hawaii divides property equitably, a Hawaii marital settlement agreement lets the spouses set the division themselves. The court reviews the agreement and, if it finds the terms just and equitable, incorporates them rather than imposing its own division of the estate.
No Statewide Spousal Support Formula
Hawaii has no statewide formula for spousal support. A court sets the amount and duration by weighing the factors in HRS 580-47(a), such as the financial resources of the parties, the duration of the marriage, the standard of living during the marriage, and the vocational skills and employability of the party seeking support.
Child Support Follows the State Guidelines
Child support follows the statewide child support guidelines the family court is directed to establish (HRS 576D-7). Parents may agree on terms, but child support stays subject to court approval, follows the guidelines, and cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Hawaii marital settlement agreement stay subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Hawaii marital settlement agreement must be in writing and signed by both spouses. No Hawaii statute located requires the agreement itself to be notarized, but signing before a notary can help prove the signatures are genuine.
Reviewed and Incorporated Into the Decree
When the spouses settle by written agreement, the court reviews the terms and, if it finds them just and equitable, incorporates the property division, spousal support, custody, and child support terms into the divorce decree, which then has the force of a court order (HRS 580-47).
No Fixed Statewide Waiting Period
Hawaii does not impose a fixed statewide cooling-off waiting period between filing and the decree the way some states do. The timeline depends on the residency requirement, the court schedule, and whether every issue is resolved, and the court must still approve the terms.