Hawaii Spousal Support (Alimony) Laws: How It Works (2026)

Hawaii uses the term "spousal support" or "spousal maintenance" rather than "alimony," though the concepts are the same. When a Hawaii family court grants a divorce, it has broad authority under Hawaii Revised Statutes (HRS) § 580-47 to order one spouse to pay ongoing financial support to the other. There is no statutory formula for calculating the amount or duration. Every decision is discretionary, guided by a list of statutory factors that require the court to look closely at each party's financial situation, the length of the marriage, and the realistic prospects each spouse has for financial independence.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Hawaii alimony calculator to estimate spousal support and see the factors a Hawaii court weighs.

What Is Spousal Support in Hawaii?

Spousal support is a court-ordered payment from one former spouse to the other following a divorce or legal separation. In Hawaii, family courts use the terms "spousal support" and "spousal maintenance" interchangeably. The word "alimony" also appears in everyday usage and in federal tax law but is not the term used in the Hawaii Revised Statutes.

HRS § 580-47(a) authorizes the family court, upon granting a divorce or at any time thereafter if jurisdiction is reserved, to make orders compelling either party to provide for the support and maintenance of the other party. The statute gives courts the power to set the amount, the manner of payment, and whether support runs for a fixed term or continues indefinitely.

Support is not awarded automatically in every divorce. Courts consider whether support is equitable given the circumstances of the parties. The requesting spouse typically demonstrates a need for support and the other spouse's ability to pay. Because Hawaii has no formula or presumptive entitlement, the outcome depends heavily on how the statutory factors apply to the facts of each case.

The Hawaii Family Court hears all spousal support matters as part of the divorce proceeding. Either party may later return to court to ask for modification if circumstances change substantially.

How Hawaii Courts Decide: The HRS § 580-47 Factors

The central feature of Hawaii spousal support law is that courts must consider a specific list of factors before setting any award. No single factor is controlling, and the weight each factor receives depends on the particular facts of the case.

Under HRS § 580-47, courts consider all of the following when determining spousal support:

• Financial resources of each party: what income, assets, and other financial resources each spouse has or will have after the divorce.
• Ability to meet needs independently: whether each spouse can realistically support themselves without assistance from the other, given current and expected income.
• Duration of the marriage: longer marriages generally support longer or larger awards because one spouse may have sacrificed career advancement over many years.
• Standard of living established during the marriage: courts try to avoid a drastic economic disparity between the spouses' post-divorce circumstances.
• Age of each party: younger spouses are generally expected to achieve self-sufficiency more readily than older ones who face barriers to re-entering the workforce.
• Physical and emotional condition of each party: serious illness, disability, or mental health conditions affecting a spouse's ability to work are significant considerations.
• Usual occupation of the parties during the marriage: whether a spouse worked outside the home, maintained the household, or did both is relevant to what earning capacity they bring to post-divorce life.
• Vocational skills and employability: what skills a spouse currently holds, whether those skills are marketable, and what retraining or education might be needed to become self-sufficient.
• Needs of each party: the reasonable financial needs of the requesting spouse weighed against what the paying spouse can afford without undue hardship.
• Custodial and child support responsibilities: if one spouse has primary custody of young children, that responsibility limits the time and energy available for full-time employment and is taken into account.
• Ability of the paying spouse to meet their own needs while providing support: the court does not require the paying spouse to sacrifice their own financial stability to fund the other's support.
• Other factors measuring the financial condition of both parties: courts look broadly at any financial circumstances not captured by the other factors.
• Probable duration of the need: how long the requesting spouse is likely to require financial support before achieving a self-sustaining standard of living.

HRS § 580-47(a) also requires the court to take into consideration the concealment of or failure to disclose income or an asset, or the violation of a restraining order issued under HRS § 580-10(a) or (b), by either party. These are mandatory considerations, not optional ones.

Because Hawaii has no formula and no mathematical guideline for spousal support, experienced legal counsel is particularly valuable. Outcomes vary widely based on how courts assess the credibility of the parties and the weight the evidence supports for each factor.

Types of Spousal Support in Hawaii

Hawaii's statute does not formally define named categories of spousal support the way some other states do. In practice, however, Hawaii family courts routinely award support in two distinct patterns that align with the types recognized in family law generally.

Transitional or Rehabilitative Support

Transitional support is a shorter-term award designed to assist a spouse who needs time to adjust financially and professionally after a divorce. It might fund completion of a degree, a certification program, re-entry training, or simply give a spouse who stepped back from full-time work during the marriage a runway to find stable employment.

Courts ordering this type of support often set a specific end date tied to the expected time needed to complete training or gain employment. HRS § 580-47 expressly contemplates that when the court determines support should run for a specific duration, it may base that duration on the time reasonably needed to acquire the training, education, skills, or other qualifications necessary for appropriate employment.

Transitional support is common in shorter or mid-length marriages where both parties are of working age and one spouse's career gap can realistically be bridged through retraining.

Longer-Term or Indefinite Support

For longer marriages, or when a spouse faces significant obstacles to self-sufficiency due to age, health, or years spent as the primary caregiver in a lengthy marriage, courts may award support for an extended period or without a fixed end date. This reflects the reality that some spouses cannot realistically achieve full financial independence given the circumstances.

Indefinite support does not mean permanent support in every case. Courts retain the authority to review and modify the award if the recipient achieves a higher level of income or if the paying spouse's circumstances change significantly, and payments terminate automatically by statute if the recipient remarries.

The longer the marriage and the greater the career sacrifice made by one spouse, the more likely a court is to award support of longer or indefinite duration. A marriage of 20 or more years during which one spouse maintained the household and raised children while the other built a career is the type of situation where longer-term support is most likely.

How Long Spousal Support Lasts in Hawaii

There is no statutory cap on the duration of spousal support in Hawaii. The length of any award is left to the court's discretion based on the factors described above, particularly the probable duration of the need and the realistic path to self-sufficiency for the requesting spouse.

Courts have three options for duration:

1. Fixed term: the order specifies an end date, often tied to completion of education or retraining, a child reaching school age, or another identified milestone.
2. Indefinite term: the order runs until a subsequent court order terminates or modifies it, typically used for longer marriages or circumstances where self-sufficiency is uncertain.
3. Contingent: the order runs until a specified event occurs, such as the recipient obtaining full-time employment above a threshold income.

Either party may return to court to seek modification of a support order based on a material change in circumstances. Common grounds for modification include a significant increase or decrease in either party's income, a change in employment status, a serious health change, or other substantial shifts in the factors the court originally weighed.

When Spousal Support Ends in Hawaii

Hawaii spousal support orders are not permanent in the sense that they can be ended or modified by the court. The following events typically terminate a support obligation.

Death of either party. Spousal support generally terminates upon the death of the paying spouse or the death of the recipient. An obligation that ends at death does not pass to the estate of the paying spouse unless the parties have expressly agreed otherwise in a separation agreement incorporated into the divorce decree.

Remarriage of the recipient. HRS § 580-51(a) makes this the statutory default. Upon the remarriage of a party in whose favor a support order was made, all rights to receive and all duties to make payments for support and maintenance terminate automatically for all payments due after the date of the remarriage. The one exception is where the final decree, or an agreement of the parties approved by that decree, specifically provides for the payments to continue after the remarriage. The payer does not need to file a motion to modify to trigger the termination.

HRS § 580-51(b) places the reporting duty on the remarried recipient, not on the payer. The remarried party must file a notice of the remarriage with the court that made the support order and serve a copy on the former paying party within thirty days of the marriage, by personal service or registered or certified mail. If the remarried party fails to file that notice, the court considers the failure when awarding attorney's fees and costs and when determining reimbursement to the former paying party.

Court-ordered termination or modification. Either party may petition the family court to end or adjust support. The petitioner must demonstrate a material change in circumstances since the last order was entered. Courts evaluate modification requests using the same HRS § 580-47 factors applied to the original award.

Expiration of a fixed-term award. When the court has set a specific end date, support terminates automatically on that date.

Parties are encouraged to address termination contingencies clearly in any settlement agreement to avoid future litigation over whether a triggering event has occurred.

Is Spousal Support Taxable in Hawaii?

The federal tax treatment of spousal support changed significantly under the Tax Cuts and Jobs Act of 2017 and affects all parties regardless of which state they live in.

Agreements finalized after December 31, 2018. For divorce or separation instruments executed after 2018, spousal support payments are not deductible by the paying spouse and are not included in the recipient's gross income. This is the rule that applies to most people divorcing today in Hawaii.

Agreements finalized on or before December 31, 2018. Under the prior rules, which still apply to unmodified pre-2019 agreements, spousal support was deductible by the payer and counted as taxable income for the recipient. If a pre-2019 agreement is later modified and the modification expressly states that the post-2018 rules apply, the new treatment takes effect from that modification forward.

These rules apply at the federal level. For Hawaii state income tax purposes, Hawaii generally conforms to federal income tax treatment. Individuals should consult a qualified tax professional for guidance specific to their circumstances.

How Spousal Support Differs from Hawaii Child Support

Spousal support and child support are separate legal obligations. They are both addressed in divorce proceedings under HRS Chapter 580, but they serve different purposes and are governed by different rules.

Purpose. Spousal support addresses the economic disparity between former spouses resulting from the marriage and its dissolution. Hawaii child support is designed to meet the financial needs of the parties' children and ensure both parents contribute to the children's upbringing.

Calculation method. Spousal support is entirely discretionary under HRS § 580-47, with no formula. Hawaii child support is calculated using the Hawaii Child Support Guidelines, which apply an income-shares model based on both parents' gross incomes and certain allowable expenses.

Duration. Spousal support lasts for the period the court orders or until a terminating event occurs. Child support generally continues until the child turns 18, or up to age 23 if the child is enrolled full-time in an accredited post-secondary school, under Hawaii law.

Tax treatment. Post-2018 spousal support is neither deductible nor taxable under federal law. Child support payments have never been deductible by the payer or taxable to the recipient.

Both obligations can be negotiated and settled by the parties and submitted to the court for approval as part of an uncontested divorce.

Alimony Laws by State

Hawaii's purely discretionary approach, with no formula and a broad statutory factor list, places it among the states that give family courts the greatest flexibility in tailoring support to individual circumstances. For a side-by-side comparison of how alimony and spousal support work across all 50 states, see our Alimony laws by state guide.

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This page provides general legal information only and is not legal advice. Hawaii spousal support law is highly fact-specific and discretionary. Consult a licensed Hawaii family law attorney for guidance on your particular situation.

Sources

• HRS § 580-47, Support Orders; Division of Property, Hawaii State Legislature, capitol.hawaii.gov
• HRS § 580-51, Modification of Alimony on Remarriage, Hawaii State Legislature, capitol.hawaii.gov
• Hawaii Revised Statutes Chapter 580, Annulment, Divorce, and Separation, capitol.hawaii.gov
• Hawaii State Judiciary, Divorce Law in Hawaii, courts.state.hi.us
• IRS Topic No. 452, Alimony and Separate Maintenance, irs.gov/taxtopics/tc452
• IRS Publication 504 (2025), Divorced or Separated Individuals, irs.gov/publications/p504

Last updated: June 1, 2026.

More Hawaii Laws

• Hawaii Child Custody Laws
• Hawaii Child Support Laws
• Hawaii Common Law Marriage Laws
• Hawaii Divorce Laws