Hawaii

JURISDICTIONAL END OF MARRIAGE DATE: Date of Final Separation in Contemplation of Divorce.

STATE TYPE FOR PENSION EVALUATION: Hawaii is an "equitable distribution" state. Upon granting a divorce, the court will divide the estate of the parties, personal or mixed, whether community, joint or separate as it deems just and equitable after consideration of the following factors:

1. The respective merits of the parties; 2. The relative abilities of the parties; 3. The condition in which each party will be left by the divorce; 4. The burdens imposed upon either party for the benefit of any children of the marriage, and; 5. All other circumstances of the case.

[Hawaii Revised Statutes; Title 580, Chapter 47].

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 HAW. REV. STAT. ' 580-47.

Support orders; division of property.

(a) Upon granting a divorce, or thereafter if, in addition to the powers granted in subsections (c) and (d), jurisdiction of those matters is reserved under the decree by agreement of both parties or by order of court after finding that good cause exists, the court may make any further orders as shall appear just and equitable * * * (3) finally dividing and distributing the estate of the parties, real, personal, or mixed, whether community, joint, or separate;

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(b) An order as to the custody, management, and division of property and as to the payment of debts and the attorney's fees, costs and expenses incurred in the divorce shall be final and conclusive as to both parties subject only to appeal as in civil cases. The court shall at all times, including during the pendency of any appeal, have the power to grant any and all orders that may be necessary to protect and provide for the support and maintenance of the parties and any children of the parties to secure justice, to compel either party to advance reasonable amounts for the expenses of the appeal including attorney's fees to be incurred by the other party, and to amend and revise such orders from time to time.

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Page APP-37

(f) Attorney's fees and costs. The court hearing any motion for orders either revising an order for the custody, support, maintenance, and education of the children of the parties, or an order for the support and maintenance of one party by the other, or a motion for an order to enforce any such order or any order made under subsection (a) of this section, may make such orders requiring either party to pay or contribute to the payment of the attorney's fees, costs, and expenses of the other party relating to such motion and hearing as shall appear just and equitable after consideration of the respective merits of the parties, the relative abilities of the parties, the economic condition of each party at the time of the hearing, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case.

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