D.W. v. J.W.
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 29, 2026
DocketCAAP-25-0000543
StatusPublished
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Full Opinion
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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-OCT-2026
12:02 PM
Dkt. 89 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
D.W., Plaintiff-Appellant,
v.
J.W., Defendant-Appellee.
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. 1DV201006485)
SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, Guidry and Gluck, JJ.)
Plaintiff-Appellant D.W. (Husband) appeals from the
Family Court of the First Circuit's (Family Court) Divorce
Decree, and "Decision And Order Following Trial" (Decision and
Order), both entered July 15, 2025. 1 Husband presents three
points of error: (1) "[t]he final division of the marital
estate violates [Hawaiʻi Revised Statutes (HRS)] § 580-47 because
the family court created vast inequities without identifying any
'equitable considerations'"; (2) "[t]he family court's alimony
award of $201,958 is not 'just and equitable' because the family
court failed to consider [Husband's] monthly child support
obligations and ignored the realities of his financial
situation"; and (3) "[t]he final division and distribution of
1 The Honorable Natasha R. Shaw presided.
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the marital estate gave [Husband] property interests and due
process required the family court to give him notice and an
opportunity to be heard before it offset his equalization
payment and redistributed his [real] property." Upon careful
review of the record and the briefs submitted, and having given
due consideration to the arguments and issues raised, we affirm
in part and vacate in part the Family Court's July 15, 2025
Decision and Order and Divorce Decree and remand for further
proceedings.
On July 15, 2025, following a three-day trial (which
concluded on March 17, 2025), the Family Court entered its
Decision and Order and Divorce Decree. Relevant to this appeal,
the Divorce Decree awarded self-represented Defendant-Appellee
J.W. (Wife) sole legal custody of both children and the parties'
marital home (Marital Home). The Divorce Decree ordered Husband
to pay $611.00 per month in child support. Because the Family
Court awarded Wife the Marital Home, while awarding Husband a
lower-value condominium (Condo), it ordered Wife to pay Husband
$120,500.99 to equalize the parties' property distribution.
The Family Court also awarded spousal support. The
Family Court calculated that Husband had $10,495.00 in gross
monthly income and $4,885.05 in monthly living expenses. The
Family Court therefore found that Husband had $5,609.95 in
monthly surplus income, and that it was fair, just, and
equitable to award spousal support totaling three years of
Husband's surplus (that is, $5,609.95 for thirty-six months, or
a total of $201,958.20). Notably, the $4,885.05 in monthly
expenses did not include the $611.00 per month in child support
ordered by the Family Court.
The Family Court offset Wife's $120,500.99
equalization payment to Husband against the spousal support
award, leaving Husband owing $81,457.21 in spousal support.
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To satisfy that balance, the Family Court ordered a vacant
neighbor island property (the Lot) — valued at $80,000.00 —
transferred to Wife, with Husband to pay Wife an additional
$1,457.21 in cash.
Husband filed his Notice of Appeal on July 31, 2025.
On August 18, 2025, Husband filed "Plaintiff [Husband]'s Motion
to Stay the Execution of Decision and Order following Trial,
filed July 15, 2025 [Dkt.289], Pending Appeal, and for
Supersedeas Bond" (Motion to Stay) (brackets in original).
Husband requested a stay of the Decision and Order: "1) to swap
homes . . . ; 2) to transfer title and/or deed of the Marital
Home to [Wife]; 3) to transfer ownership of the [Condo] and/or
mortgage to [Husband]; 4) to transfer title and/or deed of the
[Lot] to [Wife]; and [5]) to transfer the ordered cash amounts
to [Wife] from [Husband's] bank accounts." In response, Wife
filed "Defendant's Motion to Enforce the Divorce Decree and
Award of Attorney's Fees and Costs" on October 3, 2025 (Motion
to Enforce).
On September 8, 2025, the Family Court entered its 68-
page Findings of Fact and Conclusions of Law (FOFs/COLs), which
largely reiterates the findings in its Decision and Order.
On November 10, 2025, the Family Court entered its
Order Granting in Part and Denying in Part Husband's Motion to
Stay and Wife's Motion to Enforce. 2 The Family Court stayed the
transfer of title of the parties' real properties, including the
Lot; however, the Family Court ordered Husband to vacate the
Marital Home so Wife could take possession, and ordered Husband
to occupy and assume the expenses of the Condo. Because of this
partial stay, the Family Court recalculated Husband's interim
2 The Honorable Maria F. Penn presided over the Motion to Stay
hearing on October 8, 2025.
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child support obligation and ordered him to pay $2,656.00 per
month, retroactive to August 1, 2025.
(1) Husband's first point of error is that the Family
Court erred when it awarded Wife the Marital Home. He contends
that the Family Court deviated from the partnership model
without adequately identifying equitable considerations. This
argument is without merit.
HRS § 580-47(a) (Supp. 2025) authorizes the Family
Court, after granting divorce, to enter orders that are "just
and equitable" in finally dividing and distributing the parties'
estate. In doing so, the Family Court must consider, among
other things, "the relative abilities of the parties, the
condition in which each party will be left by the divorce, the
burdens imposed upon either party for the benefit of the
children . . . and all other circumstances." HRS § 580-47(a).
The Family Court has wide discretion in dividing marital
partnership property, and its ultimate division is reviewed for
abuse of discretion. See Kakinami v. Kakinami, 127 Hawaiʻi 126,
136, 276 P.3d 695, 705 (2012) ("[W]e will not disturb the family
court's decision on appeal unless the family court disregarded
rules or principles of law or practice to the substantial
detriment of a party litigant and its decision clearly exceeded
the bounds of reason." (quoting Fisher v. Fisher, 111 Hawaiʻi 41,
46, 137 P.3d 355, 360 (2006)) (block quote formatting omitted)).
Under Hawaiʻi's Partnership Model:
the family court [shall] first find all of the facts
necessary for categorization of the properties and
assignment of the relevant net market values. Second, the
court must identify any equitable considerations justifying
deviation from an equal distribution. Third, the court
must decide whether or not there will be a deviation, and
in its fourth step, the court decides the extent of any
deviation.
Gordon v. Gordon, 135 Hawaiʻi 340, 350, 350 P.3d 1008, 1018
(2015) (cleaned up). "[W]hether facts present valid and
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relevant considerations authorizing a deviation from the
partnership model division is a question of law that this court
reviews under the right/wrong standard of appellate review."
Id. at 348, 350 P.3d at 1016.
Relying on Hamilton v. Hamilton, 138 Hawaiʻi 185, 204-
205, 378 P.3d 901, 920-921 (2016), Husband argues the Family
Court was required to identify the equitable considerations
justifying deviation from an equal distribution and that its
purported "after-the-fact justification" was insufficient.
Here, the Family Court identified valid and relevant
considerations supporting its decision to award Wife the Marital
Home. The Decision and Order found Wife's testimony credible.
The Family Court further found that the Condo was not suitable
for Wife and the Children because of one child's disabilities.
In its FOFs, the Family Court likewise found that the Marital
Home was "better suited . . . to secure and protect" the child.
The Family Court also considered Wife's future financial
circumstances, noting that the Marital Home has no mortgage and
no electricity bill due to the solar panels on the roof. These
considerations directly relate to Wife's post-divorce
circumstances and the burdens associated with caring for the
child with disabilities, both of which HRS § 580-47(a) require
the Family Court to consider.
Here, unlike in Hamilton, the Family Court identified
the equitable considerations supporting deviation when it
distributed the parties' property. See id. Accordingly, the
Family Court did not abuse its discretion in awarding Wife the
Marital Home.
(2) Husband's second point of error is that the Family
Court abused its discretion in failing to account for his child-
support obligation when determining his ability to pay spousal
support. He argues that the Family Court "ignored [Husband's]
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ability to meet his own projected needs over three years after
the divorce." Relying on the Family Court's later interim child
support award of $2,656.00, Husband argues that the correct
calculation for his monthly surplus is $2,953.95 rather than
$5,609.95.
HRS § 580-47(a) authorizes the Family Court to award
spousal support as "just and equitable" and requires
consideration of, among other factors, the parties' financial
resources and needs, custodial and child-support
responsibilities, and the supporting spouse's ability to meet
his or her own needs while providing support. "There is no
fixed rule for determining the amount of property to be awarded
each spouse in a divorce action other than as set forth in HRS
§ 580-47." Au-Hoy v. Au-Hoy, 60 Haw. 354, 357, 590 P.2d 80, 82
(1979).
The record supports the Family Court's determination
that Wife is entitled to spousal support based on the parties'
twenty-eight-year marriage, Wife's reduced earning capacity and
caregiving responsibilities, the parties' respective financial
circumstances, Wife's lifetime continuing responsibility and
care for the child with disabilities, and Wife's debt incurred
due to Husband's failure to provide financial support during the
divorce proceedings. Nevertheless, it appears that the Family
Court did not expressly consider Husband's child support
obligations in ordering spousal support. See HRS § 580-47(a)
("[T]he court, in ordering spousal support and maintenance,
shall consider the following factors: . . . (10) Custodial and
child support responsibilities; (11) Ability of the party from
whom support and maintenance is sought to meet the party's own
needs while meeting the needs of the party seeking support and
maintenance[.]" (formatting altered)). We therefore vacate the
award of spousal support and remand for the Family Court's
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reconsideration of this award in accordance with HRS § 580-47.
To be clear, we do not hold that spousal support must be reduced
by $21,996.00 ($611.00 x 36 months), $2,656.00 per month, or any
other amount; we hold only that the Family Court must
specifically consider Husband's child support obligation under
HRS §§ 580-47(a)(10) and (a)(11) in calculating his spousal
support obligation. See Jacoby v. Jacoby, 150 Hawaiʻi 158, 166,
498 P.3d 689, 697 (2021).
The Family Court awarded the Lot to Wife to offset
spousal support owed by Husband. Because we vacate the award of
spousal support, we also vacate the Family Court's award of the
Lot to Wife. As such, we need not reach Husband's third point
of error.
Accordingly, the spousal support award is vacated and
remanded for reconsideration of Husband's child support
obligation pursuant to HRS §§ 580-47(a)(10) and (a)(11). We
also vacate the Lot transfer from the July 15, 2025 Decision and
Order and Divorce Decree because it was used to satisfy part of
Husband's spousal support obligation.
For the foregoing reasons, we affirm in part and
vacate in part the Family Court of the First Circuit's July 15,
2025 Divorce Decree and Decision and Order and remand for
further proceedings consistent with this Summary Disposition
Order.
Dated: Honolulu, Hawaiʻi, October 29, 2026.
On the briefs:
/s/ Keith K. Hiraoka
Benjamin E. Lowenthal, Presiding Judge
for Plaintiff-Appellant.
/s/ Kimberly T. Guidry
J.W., Associate Judge
Self-represented
Defendant-Appellee. /s/ Daniel M. Gluck
Associate Judge
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