Maui Division of Assets Lawyers Seek Equitable Divorce Settlements

Experienced attorneys protect your rights in marital property disputes

If you get divorced in Hawaii, your marital property is divided according to a process known as equitable distribution. This means that each spouse is entitled to a fair but not necessarily equal share. Of course, fairness is often in the eye of the beholder, so equitable distribution can also be contested. Upholding a party’s property rights often takes skilled and determined advocacy. At Yanagida & Associates in Maui, our divorce lawyers have extensive experience in high-value marital property disputes. We are aggressive and meticulous in our efforts to secure for you a just share of the marital estate.

Equitable vs. equal in marital property division

Hawaii is among the states that operate under the principle of equitable distribution, which gives the court discretion to divide the marital property unequally if justified. This is different than community property states, which grant each spouse an equal share of marital assets and debt. Equitable distribution applies only to marital property, which generally means assets and debts acquired by either spouse or both during the marriage.

Determining marital versus separate property

Spouses who can prove that property is not marital in nature but rather is separately owned get to keep those items. Separate property generally consists of assets that are:

Acquired prior to marriage
Acquired during the marriage using only separate property
Acquired by one spouse as an inheritance or gift
Acquired after a formal separation

Spouses can also designate separate property in a prenuptial agreement. Whether a prenup agreement is valid is often a point of controversy.

Depending on circumstances, a retirement account might be separate property, marital property or a combination of both. When a retirement account needs to be divided, it is important to obtain a Qualified Domestic Relations Order (QDRO) in order to prevent early withdrawal penalties.

Separate property can become marital property through a process known as commingling. This means the spouses have used that property for common purposes to the extent that it is now indistinguishable from the rest of the marital estate. This often happens when spouses keep joint bank accounts.

The three-step process of equitable distribution in Hawaii

Equitable distribution in Hawaii follows three basic steps:

Identification — Spouses are required to make a fully transparent disclosure of all their assets and debts. In naming property under their control, spouses indicate whether these items are separate or marital. In some cases, a spouse might try to hide assets to keep them out of the marital estate. In others, controversies might arise over whether property that started out as separate became marital property by having been commingled.
Valuation — The value of each item in the marital estate must be assessed. Parties sometimes dispute how much assets are worth, in which case professional appraisals are required.
Distribution — The court must decide how much of the marital estate each spouse deserves. Depending on numerous factors, the court could order an uneven split, such as 60-40 or 70-30.

The factors a court might consider when deciding on apportioning the marital estate include:

The length of the marriage
Each spouse’s post-marriage employability and earnings
Each spouse’s age and health
Each spouse’s contributions to the marriage
Where the children will be residing after the marriage
A spouse’s wasteful dissipation of assets during the marriage

Your divorce lawyer must be ready to assert your rights at every stage of the process. This includes drawing the court’s attention to all relevant facts that support granting you a greater proportion of the estate.

Contact an experienced Maui divorce lawyer to protect your property rights

Yanagida & Associates in Maui provides experienced and reliable divorce representation, especially when it comes to dividing marital property. To schedule a consultation, call us at 808-244-1000 or contact our firm online.