Hawaii Property Division
Calculator (2026)

Hawaii is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under HRS §580-47, the judge has discretion to consider multiple factors when determining an appropriate division.

While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.

Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.

Marriage Partnership Model: 5 net-market-value categories (Tougas v. Tougas (1994); Kakinami v. Kakinami (2012)) — categories 1/3 returned to the contributing spouse, categories 2/4/5 split 50/50. Court may divide ALL property.

The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.

MARRIAGE PARTNERSHIP MODEL — 5 NMV categories, not standard community property.

Concealment/non-disclosure of assets and restraining-order violations ARE express statutory considerations.

Fault is simply not enumerated as a factor.

Court can divide ALL property including separate.