Hawaii
Legal Separation in Hawaii: Bed and Board Decrees Explained (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes. Hawaii's family court can grant a "separation from bed and board" under HRS 580-71 when it finds the marriage is temporarily disrupted. The decree lasts no more than two years, and the spouses stay married while it is in force.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers separation from bed and board under Hawaii law: HRS chapter 580, Part IV (mainly 580-71, 580-74, 580-75 and 580-76), the separate-maintenance section 580-72, the jurisdiction section 580-1 and the divorce grounds in 580-41. It does not cover custody orders in a separation case, inheritance effects of a separation, Hawaii case law beyond two decisions noted in the official annotations to HRS 580-74, or other states' law. For divorce itself, see Hawaii divorce laws.
Does Hawaii allow legal separation?
Yes. Hawaii's statute calls it a separation from bed and board, and Part IV of HRS chapter 580 is headed "Separation." The core section provides:
"The family court may decree a separation from bed and board for a period not to exceed two years in any matrimonial action upon a petition for separation when the court finds the marriage is temporarily disrupted." HRS 580-71
The test is a finding that the marriage is "temporarily disrupted." That wording frames separation as a time-limited step, not a permanent alternative to divorce.
Hawaii statutes also refer to "separate maintenance." HRS 580-72 provides that "Whenever any married person has the right to sue for separate maintenance, that person may bring the action in that person's own name." HRS 580-41, the divorce-grounds section, separately refers to living apart under "a decree of separate maintenance."
How long a Hawaii separation decree lasts
The decree runs for a set period of no more than two years (HRS 580-71). HRS 580-76 lets the court adjust it:
"The court may also, for good cause shown from time to time, increase or decrease the period of separation decreed, provided that the maximum period of separation does not exceed two years from the effective date of the original decree of separation." HRS 580-76
The court may also revoke the decree when the spouses apply jointly and show evidence that they have reconciled (HRS 580-76).
Residency and where to file
Separation cases go to the family court. Under HRS 580-1(a), the court has jurisdiction in matters of annulment and separation in "the circuit in which the applicant has been domiciled or has been physically present for a continuous period of at least three months next preceding the application therefor."
HRS 580-1(b) allows filing without meeting that rule when the marriage was solemnized in Hawaii and neither party can sue where they are domiciled because that place does not recognize the marriage. Under HRS 580-1(c), that case is filed in the circuit where the marriage was solemnized, and unless both parties consent to the family court's personal jurisdiction (or jurisdiction otherwise exists by law), the court decides only the status of the marriage, not support or property.
The Hawaii State Judiciary's self-help divorce page is the court's general starting point for family filings. This page does not cover separation-specific court forms; ask the family court clerk in your circuit which forms apply.
What the court can order in a Hawaii separation
Support. HRS 580-74 provides that "Upon decreeing a separation, the court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as may appear just and proper." For how Hawaii courts approach spousal support, see Hawaii alimony laws; for child support, see Hawaii child support.
Property. HRS 580-74 speaks to support and maintenance; it does not provide for dividing the marital estate. The official annotation to 580-74 summarizes an older decision this way: "Section does not authorize division of property. 42 H. 279 (1958)." The annotations also note an older decision that the court cannot, upon decreeing a separation, award specific property as alimony (26 H. 128 (1921)). Hawaii's property-division section, HRS 580-47, applies "Upon granting a divorce."
Custody. This page does not cover custody orders in a separation case. See Hawaii child custody laws and ask a Hawaii family lawyer how custody is handled alongside a separation petition.
Your legal status during a separation
The spouses are still married. A separation decree is not a divorce, and HRS 580-41 treats it as one possible basis for a later divorce.
What the decree changes is how each spouse can act on their own:
"Every decree of separation shall have the effect of allowing each of the spouses to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if the spouse were an unmarried person." HRS 580-75
This page does not cover the effect of a Hawaii separation decree on inheritance or on rights as a surviving spouse. Ask a Hawaii lawyer before relying on a separation for estate planning.
Turning a separation into a divorce in Hawaii
HRS 580-41 lists the grounds for divorce. Two of them build on a separation order:
- The parties lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction, "the term of separation has expired, and no reconciliation has been effected."
- The parties lived separate and apart for two years or more under a decree of separate maintenance, with no reconciliation.
A decree is not required for divorce. HRS 580-41 also allows divorce when the marriage is irretrievably broken, and after two years of living separate and apart continuously immediately before the application, where there is no reasonable likelihood that cohabitation will resume and granting the divorce would not be harsh and oppressive or contrary to the public interest. Under HRS 580-71.5, a separation decree (or a separate-maintenance decree) is no bar to divorce: either party may petition for divorce while the decree is in force on any ground other than those in paragraphs (2) and (3) of HRS 580-41, such as irretrievable breakdown, and may rely on facts from before and after the decree. Divorce grounds and residency are covered in full on the Hawaii divorce laws page.
Disclaimer: This article provides general legal information about separation from bed and board under Hawaii law, mainly HRS 580-71 through 580-76, 580-1 and 580-41. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Hawaii or the Hawaii State Judiciary's self-help resources.
Related
- Legal separation laws in every state
- Hawaii divorce laws
- Hawaii alimony laws
- Hawaii child custody laws
- Hawaii child support
Last updated: 2026-10-08.
Frequently Asked Questions
Is there legal separation in Hawaii?
Yes. Under HRS 580-71 the family court may decree a separation from bed and board, for no more than two years, when it finds the marriage is temporarily disrupted.
How long can a legal separation last in Hawaii?
No more than two years. HRS 580-76 lets the court increase or decrease the period for good cause, but the total cannot exceed two years from the effective date of the original decree.
Can you get spousal support during a Hawaii legal separation?
HRS 580-74 allows the court, on decreeing a separation, to order support and maintenance of either spouse and support of minor children, as may appear just and proper.
Does a Hawaii legal separation divide property?
HRS 580-74 addresses support, not division of property, and the official annotation to that section notes that it does not authorize division of property. Property division under HRS 580-47 is tied to granting a divorce.
Can a separated spouse in Hawaii sign contracts or sell property alone?
Yes. HRS 580-75 provides that a separation decree allows each spouse to sue or be sued, convey property and make contracts as if unmarried.
Can a Hawaii separation be converted to a divorce?
HRS 580-41 makes it a divorce ground that the parties lived apart under a separation decree whose term has expired with no reconciliation. Other grounds, such as irretrievable breakdown, do not require a decree, and HRS 580-71.5 allows a divorce petition on those grounds while a separation decree is in force.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Hawaii Revised Statutes, Chapter 580: ANNULMENT, DIVORCE, AND SEPARATION
§ 580-71Grounds for separationIn force
The family court may decree a separation from bed and board for a period not to exceed two years in any matrimonial action upon a petition for separation when the court finds the marriage is temporarily disrupted. [CC 1859, §1336; am L 1903, c 22, §10; RL 1925, §2987; RL 1935, §4484; am L Sp 1941, c 93, §1; RL 1945, §12235; RL 1955, §324-60; HRS §580-71; am L 1973, c 211, §5(s); am L 1976, c 140, §2]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-74Support of spouse and childrenIn force
Upon decreeing a separation, the court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as may appear just and proper; provided that the court shall apply the considerations required by section 580-47(a) in formulation of any support decree in any action under this part; and provided further that the court may amend or revise any such decree in the same manner and under the same circumstances as provided for by section 580-47(d). [CC 1859, §1338; am L 1903, c 22, §2; RL 1925, §2989; RL 1935, §4486; RL 1945, §12238; RL 1955, §324-63; HRS §580-74; am L 1973, c 211, §5(u); am L 1974, c 65, pt of §2; am L 1978, c 77, §3]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-75Status of spouse during separationIn force
Every decree of separation shall have the effect of allowing each of the spouses to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if the spouse were an unmarried person. [CC 1859, §1339; RL 1925, §2990; RL 1935, §4487; RL 1945, §12339; RL 1955, §324-64; HRS §580-75; am L 1984, c 158, §1]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-76Revocation or modification of separation decreesIn force
Where a decree of separation from bed and board has been entered, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation. The court may also, for good cause shown from time to time, increase or decrease the period of separation decreed, provided that the maximum period of separation does not exceed two years from the effective date of the original decree of separation. [CC 1859, §1340; am L 1903, c 22, §2; RL 1925, §2991; RL 1935, §4488; am L Sp 1941, c 93, §2; RL 1945, §12240; RL 1955, §324-65; am L 1965, c 52, §5; HRS §580-76; am L 1973, c 211, §5(v)]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-41DivorceIn forcecited in 2 of our articles
The family court shall decree a divorce from the bond of matrimony upon the application of either party when the court finds: (1) The marriage is irretrievably broken; (2) The parties have lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction, the term of separation has expired, and no reconciliation has been effected; (3) The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected; or (4) The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Cvitanovich-Dubie v. Dubie (Hawaii Supreme Court 2011, 125 Haw. 128)“…court finds ... [t]he marriage is irretrievably broken[.]” HRS § 580-41(1) (1993). “If after a full hearing, th…”
- Crofford v. Adachi. (Hawaii Supreme Court 2022, 150 Haw. 518)“…172, in 1972 House Journal, at 637. As amended, HRS § 580-41 now mandates that divorce is appropriat…”
- Matter of Estate of Lorenzo (Hawaii Supreme Court 1979, 61 Haw. 236)“…ed. The present statute dealing with divorce is embodied in HRS § 580-41 and abolishes the fault concept. The st…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hawaii Divorce Laws (2026): Grounds, Residency, and Process
§ 580-72Married persons may bring action in own nameIn force
Whenever any married person has the right to sue for separate maintenance, that person may bring the action in that person's own name. [L 1937, c 45, §1; RL 1945, §12236; RL 1955, §324-61; HRS §580-72; am L 1973, c 211, §5(t); am L 1984, c 265, §1]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 580-1Jurisdiction; hearingIn forcecited in 3 of our articles
(a) Exclusive original jurisdiction in matters of annulment and separation, subject to section 603-37 as to change of venue, and subject also to appeal according to law, is conferred upon the family court of the circuit in which the applicant has been domiciled or has been physically present for a continuous period of at least three months next preceding the application therefor, except as provided in subsection (b). Exclusive original jurisdiction in matters of divorce, subject to section 603-37 as to change of venue, and also subject to appeal according to law, is conferred upon the family court of the circuit in which the applicant is domiciled at the time the application is filed, except as provided in subsection (b). A person who may be residing on any military or federal base, installation, or reservation within the State or who may be present in the State under military orders shall not thereby be prohibited from meeting the requirements of this section.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Cvitanovich-Dubie v. Dubie (Hawaii Supreme Court 2011, 125 Haw. 128)“…tion and personal jurisdiction over the parties pursuant to HRS § 580-1. 31. [Geraldine’s] claims sound in fr…”
- Whitehead v. Whitehead (Hawaii Supreme Court 1972, 53 Haw. 302)“…or physical presence for one year in the State contained in HRS § 580-1. HRS § 580-1, in its entirety, reads…”
- Puckett v. Puckett (Hawaii Intermediate Court of Appeals 2000, 94 Haw. 471)“…ons ) § 13.2, at 703 (2d.ed.1987). In Hawaii, for example, HRS § 580-1 (1993) specifically requires that an ap…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Hawaii: Is It Recognized? (2026)
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Sources and References
- HRS 580-71, Grounds for separation(capitol.hawaii.gov).gov
- HRS 580-71.5, Separation no bar to divorce(capitol.hawaii.gov).gov
- HRS 580-76, Revocation or modification of separation decrees(capitol.hawaii.gov).gov
- HRS 580-1, Jurisdiction; hearing(capitol.hawaii.gov).gov
- HRS 580-74, Support of spouse and children (with official annotations)(capitol.hawaii.gov).gov
- HRS 580-75, Status of spouse during separation(capitol.hawaii.gov).gov
- HRS 580-41, Divorce(capitol.hawaii.gov).gov
- HRS 580-72, Married persons may bring action in own name(capitol.hawaii.gov).gov
- HRS 580-47, Support orders; division of property(capitol.hawaii.gov).gov
- Hawaii State Judiciary, Self-help: Divorce(courts.state.hi.us).gov