Delaware Alimony Laws and Spousal Support

Delaware Alimony Issues & Resources

Delaware Alimony

In Delaware, either party may be awarded alimony or spousal support if: 
  • he or she is dependent on the other spouse; 

  • lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs; and 

  • is unable to support him or herself through appropriate employment or 

  • is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment.

A Delaware Court will consider the following factors in awarding alimony or spousal support: 

  • the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity;

  • the standard of living established during the marriage; 

  • the duration of the marriage;

  • the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support; 

  • the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; 

  • the tax consequences; the age of the spouses;

  • the physical and emotional conditions of the spouses;

  • whether either spouse has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and 

  • any other factor that the court finds just and appropriate.

The Court’s award of alimony may not be longer than a period of time equal to 50% of the length of the marriage. If, however, the marriage lasted over twenty years, there is no time restriction on the Court’s award. Any party who is awarded Delaware alimony or spousal support has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of 

  • a severe physical or mental disability, 

  • his or her age, or 

  • the needs of any children living with the spouse receiving alimony. 

Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.

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