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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Every decree of divorce which does not specifically recite that the final division of the property of the parties is reserved for further hearing, decision, and orders shall finally divide the property of the parties to such action.
(b) Following the entry of a decree of divorce in any matrimonial action in which the final division of the property of the parties to the action is reserved for further hearings, decisions, and orders, notwithstanding the provisions of section 560:2-802, or any other provisions of the law to the contrary, each party to the action shall continue to have all of the rights to and interests in the property of the other party to the action as provided by chapters 533 and 560, or as otherwise provided by law, to the same extent the party would have had the rights or interests if the decree of divorce had not been entered, until the entry of a decree or order finally dividing the property of the parties to the matrimonial action, or as provided in subsection (d).
(c) When a party to a matrimonial action has remarried following the entry of a decree of divorce, in which the final division of the property of the parties is reserved for further hearings, decisions, and orders, but before the entry of a decree or order finally dividing the property owned by the parties to that action, notwithstanding the provisions of chapters 533 and 560, the spouse of the remarried party shall have none of the rights or interests in the former spouse's real property or personal estate as provided in chapters 533 and 560, or as otherwise provided by law, until the time as a decree or order finally dividing the property owned by the parties or either of them as of the effective date of the entry of the decree of divorce dissolving the party's prior marriage shall be entered. Upon the entry of a decree or order finally dividing the property of the parties to a matrimonial action in which a decree of divorce has been entered, the spouse of a party to the action who has remarried shall have all of the rights of a spouse as provided by chapters 533 and 560, or as otherwise provided by law, in and to the property of the former spouse vested in the spouse by the decree or order finally dividing the property of the parties or either of them, as of the effective date of the entry of the decree of dissolution of the prior marriage.
(d) Following the entry of a decree of divorce, or the entry of a decree or order finally dividing the property of the parties to a matrimonial action if the same is reserved in the decree of divorce, or the elapse of one year after entry of a decree or order reserving the final division of property of the party, a divorced spouse shall not be entitled to dower or curtesy in the former spouse's real estate, or any part thereof, nor to any share of the former spouse's personal estate.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 580-56 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-580-56/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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