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Updated January 30, 2024

A Hawaii separation agreement is used by married couples who are not yet ready to pursue a divorce but no longer want to live together. Separation agreements can cover many of the same things addressed in divorce decrees, including spousal support and dividing assets, but are not final, and couples can usually begin living as spouses as soon as they want.

If the couple does later decide to get divorced, they can choose whether or not to make the terms of the separation agreement permanent.

Is a Separation Agreement Legal in Hawaii?

Yes, couples in Hawaii may obtain a declaration of separation lasting up to two years when their marriage is temporarily disrupted.^[1]

Legal Separation Requirements

Filing Fee: $215 without children, $265 with children
Residency: At least one spouse must be domiciled in Hawaii at the time the petition is filed, and must continue to reside in Hawaii for at least six months before a court may issue a decree.^[2]
Where to File: With the family court for the island where at least one spouse lives.