In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as support and maintenance in Hawaii. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to the non-wage earning or lower-wage earning spouse.

To be eligible for alimony, spouses in all states, including Hawaii, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. Hawaiian courts may award alimony to either party for a limited amount of time or on an indefinite basis, depending on how long it takes the recipient spouse to get the necessary education, training, or skills to obtain a new job, update existing qualifications, or enhance their employability so that they will be able to become self-sufficient.

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court and is usually made in one payment. Temporary alimony may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” Rehabilitative is the most commonly awarded type of alimony and may include payments for the education necessary for the recipient spouse to become self-sufficient. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments.

In most states, remarriage of the recipient spouse will terminate alimony. Hawaiian courts may modify support and maintenance if there is a material change in the physical or financial circumstances of either party. According to lawyers.com, when Hawaiian courts award support and maintenance, they typically consider the following factors:

• Financial resources of the spouses
• Ability of the spouse seeking support and maintenance to meet his or her needs independently
• Duration of the marriage
• Standard of living established during the marriage
• Age of the spouses
• Physical and emotional condition of the spouses
• Usual occupation of the spouses during the marriage
• Vocational skills and employability of the spouse seeking support and maintenance
• Needs of the spouses
• Custodial and child support responsibilities
• Ability of the spouse from whom support and maintenance is being sought to meet his or her own needs while meeting the needs of the spouse seeking support and maintenance
• Other factors which measure the financial condition in which the spouses will be left as the result of the action under which the determination of maintenance is made
• Probable duration of the need of the spouse seeking support and maintenance

In the United States, alimony is treated differently tax wise from child support payments. In Hawaii, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. For the full text of support and maintenance laws in Hawaii, go to findlaw.com.