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Hawaii Separation Agreement

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Updated September 10, 2025

Hawaii separation agreement is used by married couples who no longer want to live together but who do not wish to get divorced. This agreement can cover many of the same things addressed in divorce proceedings, including spousal support and the division of assets, without formally annulling the marriage.

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.

Sample