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Delaware Alimony
Alimony
In Delaware an award of alimony can certainly influence the distribution of property, and it can become a very intricate part of the outcome of any divorce. When spouses are unable to reach an agreement on this issue, the Family Court may order support from one spouse to the other on a case-by-case basis. The court considers alimony without regard to marital misconduct. In Delaware, either party may be awarded alimony or spousal support if he or she:
Alimony is terminated if the recipient dies. Alimony can also cease if the recipient cohabits or remarries, or presents him or herself as a couple with the person with whom he or she is living, regardless of whether the relationship confers a financial benefit.
Types of Alimony
In Delaware, alimony may not last for more than half the length of the marriage unless the marriage lasted more than 20 years. When a marriage lasted more than 20 years, there is no time restriction on the Court’s award of alimony. 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 him or her.
Factors Considered by the Court
In Delaware the court has discretion about the amount and duration of alimony. According to the Delaware Code - Title 13 - Chapters: 1512t, the court considers relevant economic factors, including, but not limited to:
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