Property Division

Property acquired during the marriage may be divided by agreement of the parties themselves and described in a Settlement Agreement.  If no such agreement is made, marital property will be divided by order of the court and set out in the final divorce Decree. 

In Hawaii, property is divided according to an "equitable distribution."  The court will classify all property and debt as marital or non-marital and assign a monetary value to each asset and debt.  The court then distributes the property in an equitable fashion.

Many factors influence the division and distribution of the estate, including allocating responsibility for payment of debts.  The court considers the following in making its determination:

• The respective merits of the parties
• The relative abilities of the parties
• The condition each party will be left in by the divorce
• The burdens imposed on a party for the benefit of the children
• All other relevant circumstances

In addition to the property division, the court may order one party to pay support and maintenance (alimony) either temporarily or for an indefinite period of time.  In determining the amount of support, the court considers various factors, including:

• The financial resources and needs of the parties
• The duration of the marriage
• The age of the parties and their physical and emotional condition
• The occupation and vocational skills of the parties
• Custodial and child support responsibilities

We have the experience to provide strong, aggressive representation in virtually any family law dispute. If it is necessary to take your family law or divorce matter to trial, we have valuable litigation experience to protect your interests. However, our experience has shown us that litigation is not always the answer for family law clients. We believe in the value of mediation and other forms of alternative dispute resolution (ADR). Over the years, we have received extensive training in ADR so that we can better help clients seek out solutions that allow them to protect their interests and avoid the time, expense, and unpredictability of a trial.

Let us help you protect your interests. Christopher D. Thomas is an experienced attorney handling family law issues like property division and business valuation in Hawaii. Call our offices at (808) 261-7710, or contact us via email today to schedule an appointment with an experienced, caring, dedicated, and knowledgeable attorney.