The ICA has recognized that not all partners share the expectation that both strive to “advance the family and the marital unit.” Calvin G.C. Pang, Slow-Baked, Flash-Fried, Not to be Devoured: Development of the Partnership Model of Property Division in Hawaiʻi and Beyond, 20 U. Haw. L. Rev. 1, 92 (1998). “By creating a category of “marital separate property” into which spouses may affirmatively and clearly segregate separate property from the partnership, the court allowed spouses to “switch off” the partnership rules for those properties. Those who feel strongly enough to buck the norms of marital sharing are given both the method to, and the burden of, setting alternative expectations.”Id. at 93 (footnotes omitted).
Collins v. Wassell, 133 Haw. 34, 57 n.4, 323 P.3d 1216, 1239 (2014).