Hawaii Spousal support (alimony): Eligibility, Amount, and Duration
September 10, 2026 · LawDiver Research Team
Hawaii calls post-divorce spousal payments spousal support (alimony). Awards are governed primarily by Haw. Rev. Stat. § 580-47. This guide covers eligibility, how courts set amount and duration, when support ends, and how Hawaii case law frames the analysis. Open linked opinions in LawDiver for the full text.
Primary keywords: Hawaii alimony, Hawaii spousal support, HRS 580-47, Hawaii divorce maintenance
Key takeaways
- Hawaii uses the term spousal support (alimony) under Haw. Rev. Stat. § 580-47.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary multi-factor analysis under § 580-47—no percentage formula. Courts examine earning capacity, needs, length of marriage, and relative circumstances.
- Common forms include: Temporary and periodic support; rehabilitative structuring is common.
- Duration framework: Duration is equitable; longer marriages more often support longer awards.
- Permanent / indefinite support: Possible but uncommon; indefinite awards require a strong showing of lasting need.
- Companion child-support guide: Hawaii child support guidelines.
What spousal support (alimony) is (and is not)
Spousal support (alimony) is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Haw. Rev. Stat. ch. 576D; Hawaii Child Support Guidelines (Melson-based)) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal support (alimony). Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Hawaii's statutory framework.
Eligibility and statutory factors
Discretionary multi-factor analysis under § 580-47—no percentage formula. Courts examine earning capacity, needs, length of marriage, and relative circumstances.
Fault. Fault is not the centerpiece, though economic misconduct can influence the equities.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of spousal support (alimony) in Hawaii
Temporary and periodic support; rehabilitative structuring is common.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Hawaii does not use a statewide calculator for final spousal support (alimony). Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long spousal support (alimony) lasts
Duration is equitable; longer marriages more often support longer awards.
Permanent / indefinite support. Possible but uncommon; indefinite awards require a strong showing of lasting need.
When spousal support (alimony) ends or can be changed
Death, remarriage, or court-ordered termination; cohabitation may justify review.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Hawaii-specific.
Taxes
TCJA: post-2018 payments are not federally deductible/includible; Hawaii generally follows federal alimony characterization.
Child support remains non-deductible and non-taxable. Do not assume spousal support (alimony) treatment mirrors child support.
Case law: how Hawaii courts decide spousal support (alimony)
These LawDiver opinions illustrate how Hawaii appellate courts discuss need, ability to pay, duration, and related issues:
Durkan v. Durkan
Durkan v. Durkan, 233 P.3d 719 (2010)
…ple's three minor children. Gerald was ordered to pay Susan alimony in the amount of $3,000 per month for a three-year period. The Family Court found that Susan was not required to pay child support to Gerald because of the "financial circumstances of the parties." Id. Additionally, the Divorce Decree divided the couple's cash assets and joint property equally and assigned insu…
Use this decision — and the surrounding Hawaii appellate line — when briefing need, ability to pay, duration, or modification of spousal support (alimony).
Helen Hughes Richards v. Atherton Richards
Helen Hughes Richards v. Atherton Richards, 44 Haw. 491 (1960)
…her by libellee. In addition thereto, she sought temporary alimony and advancement of reasonable expenses to be incurred for trial, pending the final disposition of the libel. She also sought permanent alimony, attorneys’ fees and other expenses of prosecuting the libel over and above advances previously made, and division of property, upon the granting of divorce. Shortly aft…
Use this decision — and the surrounding Hawaii appellate line — when briefing need, ability to pay, duration, or modification of spousal support (alimony).
PATRICIA ANN LEWIS, Respondent-Appellee, v. DANIEL HARBERT LEWIS, Petitioner-Appellant; And THOMAS VYN REESE, SR
…antenuptial agreements regarding maintenance or sustenance alimony, a further standard of review must be applied — one of conscionability of the provisions at the time of the divorce or separation. .. . [Provisions relating to maintenance or sustenance may lose their validity by reason of changed circumstances which render the provisions unconscionable as to one or the other a…
Use this decision — and the surrounding Hawaii appellate line — when briefing need, ability to pay, duration, or modification of spousal support (alimony).
Dorinda HAMILTON, Petitioner and Respondent/Plaintiff-Appellant/Cross-Appellee, v. David HAMILTON, Petitioner and
…on the family court’s determinations of property division, alimony, and attorney’s fees and costs. With respect to property division, the family court found that a premarital economic partnership existed and implied that proceeds from an illegal marijuana operation may have constituted a portion of the marital real estate. In ultimately dividing and distributing the property,…
Use this decision — and the surrounding Hawaii appellate line — when briefing need, ability to pay, duration, or modification of spousal support (alimony).
Practical checklist
- Identify the correct statutory label (spousal support (alimony)) and controlling section (Haw. Rev. Stat. § 580-47).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Hawaii law makes it relevant to eligibility or amount.
- Search LawDiver for recent Hawaii decisions before mediation.
- Cross-check child support interactions via the Hawaii child support guide.
Frequently asked questions
Does Hawaii still award permanent spousal support (alimony)?
Possible but uncommon; indefinite awards require a strong showing of lasting need.
How is spousal support (alimony) calculated in Hawaii?
Hawaii leaves amount largely to judicial discretion under Haw. Rev. Stat. § 580-47, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive spousal support (alimony)?
Duration is equitable; longer marriages more often support longer awards. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal support (alimony)?
Death, remarriage, or court-ordered termination; cohabitation may justify review.
Is spousal support (alimony) taxable?
TCJA: post-2018 payments are not federally deductible/includible; Hawaii generally follows federal alimony characterization.
Where can I read Hawaii spousal support (alimony) opinions?
Open the cases linked above or search LawDiver scoped to Hawaii. For support of children, see the Hawaii child support guidelines guide.
Disclaimer
This article provides general information about Hawaii spousal support (alimony) and is not legal advice. Confirm the current text of Haw. Rev. Stat. § 580-47 and consult a licensed Hawaii family-law attorney before acting on any rule described here.