§580-51 Modification of alimony on
remarriage. (a) Upon the remarriage of a party in whose favor a final
decree or order for support and maintenance has been made, all rights to
receive and all duties to make payments for support and maintenance shall
automatically terminate for all payments due after the date of the remarriage,
unless the final decree or order, or an agreement of the parties approved by
the final decree or order, provides specifically for the payments to continue
after such remarriage.
(b) The remarried party shall file a notice of
the remarriage with the court which made the order for support and maintenance
and serve within thirty days of such marriage, by personal service or
registered or certified mail, a copy of the notice on the former paying party.
In any proceeding relating to the payment of support and maintenance to a
remarried party, the failure of that party to file a notice of remarriage shall
be considered by the court in awarding attorney's fees and costs for the
proceeding and in determining reimbursement to the former paying party. [L Sp
1933, c 35, §1; RL 1935, §4478; RL 1945, §12229; RL 1955, §324-40; HRS §580-51;
am L 1973, c 211, §5(r); am L 1974, c 65, pt of §2; am L 1983, c 17, §1]
Case Notes
Part of decree ordering defendant to convey property to wife
is nonmodifiable because it was a final property division, but that part
ordering defendant to make mortgage payments on the property is modifiable as
being in nature of support. 54 H. 60, 502 P.2d 380 (1972).
Section mandates termination of entitlement to rental
payments that were specified as being in lieu of spousal support. 1 H. App.
57, 613 P.2d 363 (1980).
Effect of cohabitation on spousal support. 5 H. App. 385,
695 P.2d 1194 (1985).
Family court abused its discretion in ordering the complete
termination of spousal support and health care insurance upon wife's
cohabitation. 134 H. 431 (App.), 341 P.3d 1231 (2014).
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1972–2025 · leading case:
Arakaki v. Arakaki, 502 P.2d 380 (Haw. 1972).
Arakaki v. Arakaki, 502 P.2d 380 (Haw. 1972).
· cites it 5× “” 5 We find that this portion of the decree is nonmodifiable under HRS 580-51, 6 because it affected a final *65 property division between the parties not in the nature of support and maintenance.”
Jacoby v. Jacoby, 341 P.3d 1231 (Haw. App. 2014).
· cites it 4× “18 *455 While HRS § 580-51 (2006) provides for the automatic termination of spousal support upon the supported party’s remarriage, 19 this provision does not apply to cohabitation.”
Amii v. Amii, 695 P.2d 1194 (Haw. App. 1985).
· cites it 2× “Under HRS § 580-51 (Supp. 1983) the payor’s duty to pay spousal support automatically terminates upon the recipient’s remarriage unless the final decree specifies its continuance despite remarriage.”
Carroll v. Nagatori-Carroll, 978 P.2d 814 (Haw. 1999).
· cites it 2× “at 19 (“We agree that HRS § 580-51(a) deprives the family court of the discretion to enforce that part of its Divorce Decree pertaining to alimony coming due after [ex-wife] remarried.”
Keller v. O'Brien, 47 A.L.R. 5th 855 (Mass. 1995).
“§ 19-6-5 (b) (Michie 1991) (unless otherwise provided); Haw. Rev. Stat. § 580-51 (a) (1985) (unless otherwise provided by final decree or order, or by agreement of parties approved by the final decree or order); 750 Ill.”
Vessey v. Vessey, 613 P.2d 363 (Haw. App. 1980).
· cites it 11× “HRS §580-51 provides: § 580-51. Modification of alimony on remarriage.”
Strobel v. Strobel (Haw. App. 2025).
· cites it 4× “Continuance of spousal support after remarriage is authorized under HRS § 580-51(a) (2018). The Decree provided that the Family Court "may .”
— Haw. Rev. Stat. § 580-51(a) — 3 cases
Jacoby v. Jacoby, 341 P.3d 1231 (Haw. App. 2014).
“18 *455 While HRS § 580-51 (2006) provides for the automatic termination of spousal support upon the supported party’s remarriage, 19 this provision does not apply to cohabitation.”
Carroll v. Nagatori-Carroll, 978 P.2d 814 (Haw. 1999).
“at 19 (“We agree that HRS § 580-51(a) deprives the family court of the discretion to enforce that part of its Divorce Decree pertaining to alimony coming due after [ex-wife] remarried.”
Strobel v. Strobel (Haw. App. 2025).
“Continuance of spousal support after remarriage is authorized under HRS § 580-51(a) (2018). The Decree provided that the Family Court "may .”
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