Hawaii Bar Journal – February 2004 – Giving Property Away During Divorce
Excerpt from document:
Generally, except for “waste,” the Family Court cannot consider fault by either party during the marriage in dividing property. Other than cases holding that one cannot give property to a relative during a divorce, Hawaii case law does not define specifically what constitutes “waste.” It is thought that material expenditures on romantically-involved third parties, expenditures on illegal activities, gambling losses, and excessive travel and recreation, especially in the post-separation period, might be found to constitute “waste.”
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