Role of health in awarding spousal maintenance in Hawaii

Role of health in awarding spousal maintenance in Hawaii

On Behalf of | Apr 23, 2024 | Spousal Maintenance and Support |

Spousal maintenance, also known as alimony, factors in some Hawaii divorces. When couples split, one partner may agree to provide financial support to the other.

Alternatively, the court may require it. In either case, the health of each spouse can be a major factor.

Health status

In Hawaii, courts consider the health of both spouses when deciding on spousal maintenance awards. The reasoning lies in the principle of fairness and equity. For example, if one spouse has health issues that limit their ability to earn income or become self-sufficient post-divorce, they may require financial support from the other party.

Impact on earning capacity

The health status of a spouse can directly influence their earning capacity. Chronic illnesses, disabilities or injuries may hinder a spouse’s ability to work or pursue gainful employment. In such cases, the court may order spousal maintenance. It is one way to ensure the financially disadvantaged spouse can maintain a reasonable standard of living despite their health limitations.

Duration and amount

The duration and amount of spousal maintenance can vary depending on the severity of the health condition and its impact on the spouse’s earning potential. If the health condition is permanent or long-term, the court may order ongoing support. If the condition is temporary, the maintenance may be for a specific duration until the affected spouse can become self-sufficient.

Consideration of rehabilitation

In some cases, the court may order spousal maintenance to facilitate the rehabilitation of the disadvantaged spouse. This could involve providing financial support for education or training programs aimed at improving employment prospects despite health challenges. The goal is to enable the disadvantaged spouse to become self-supporting in the future.

Ultimately, the consideration of health in awarding spousal maintenance in Hawaii reflects the state’s commitment to fairness and equity in divorce proceedings.