What are the property distribution in a divorce for a 25 year marriage?
Question Details:
My friend wants out of his marriage and his wife refuses. She is threatening to take everything if he files. Been married for 25 years; she's never worked; their 2 children are over 21 and not in college. He works full-time for the federal govt making $20 an hour. They own a home and 2 cars. She wants to take his retirement from this and his previous job. What are they each entitled to? They both reside in the state of HI, and their 2 adult children live in their home (they both have jobs as well). There is no reason why the wife can't get a job either.
Distribution of property under Hawaiian law is "equitable." This means what is "fair," not an equal split of the property. The court will determine what is fair if the parties are unable to reach an agreement. Issues such as the condition that each party will be left in by the divorce and the abilities of the parties are considered.
But there is something else that your friend's wife is probably entitled to given the long marriage: alimony (spousal support). Whether the court will award alimony is decided on a case-by-case basis. The following issues are considered: (1) the financial resources of the parties; (2) the duration of the marriage; (3) the ability of the wife to meet her needs independently; (4) the age of the parties; (5) the wife's skills and ability to be employed; (6) the usual occupation of the parties during the marriage; (7) the needs of the parties; and (8) how long it will take for the wife to get the proper skills, training, or education to obtain employment.
I don't know the specific facts of your friend's case, but since the wife never worked, she will probably need some kind of training to prepare her for employment. Also, she has always depended on the husband's income, so she has no immediate income of her own in which to support herself (unless she has some other assets). At the very least, the wife is probably entitled to temporary alimony but the court can, at its discretion, award permanent alimony.
