Adultery in Hawaii - Does Cheating Affect Alimony?

Cheating is a terrible way to end a marriage, and it is not uncommon that cheating leaves the scorned spouse with extreme feelings of anger and sadness. These emotions can translate into a desire to “sue for everything,” but this tactic may not work in every state. Depending on where you live, cheating may or may not allow you to punish your spouse in court.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Hawaii.

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The Nature of Divorce in Hawaii

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Hawaii must be examined. Like many states, Hawaii is a no-fault divorce state.¹ This means that Hawaii courts will not consider marital misconduct such as adultery when determining whether a married couple is entitled to a divorce.

About Hawaii Alimony Rules

Alimony is known as spousal support in Hawaii. When making any award of spousal support during the divorce process, the Hawaii judge deciding the case must determine both how long the alimony should last and what the amount of alimony should be. In making these determinations, the court is supposed to consider several factors including:

1. The financial resources of the parties;
2. The duration of the marriage;
3. Thestandard of living during the marriage;
4. The age of the parties;
5. The occupation of the parties and their vocational skills;
6. The ability of the payor spouse to afford support payments; and
7. Any other relevant financial factors.²

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

None. As Hawaii is a no-fault divorce state, Hawaii courts will not consider fault in determining whether a married couple is eligible for a divorce. This logic carries over to spousal support determinations. Fault and misconduct such as adultery are therefore irrelevant to support awards.³

The Verdict:

While adultery has serious potential to ruin marriages, the Hawaii divorce judge will not consider any adultery (or any other marital misconduct) in its decision-making. This means that spouses who are cheated on cannot try to use that adulterous behavior to punish their soon to be former spouses.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

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