Kakinami v. Kakinami

Concurring and Dissenting Opinion by

ACOBA, J.,

with whom McKENNA, J., Joins.

I would hold that (1) Hawai'i Revised Statutes (HRS) § 580-47 plainly and unambiguously vests family courts with the discretion to equitably “divid[e] and distribute] the estate of the parties, real, personal, or mixed, whether community, joint, or separate [,] ” in divorce proceedings (emphases added); (2) in addition to the plain language of HRS § 580-47, its legislative history and the controlling ease law in this jurisdiction confirm that the discretion afforded family courts under HRS § 580-47 encompasses the…