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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:

  • 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.

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:

  • the financial resources of the party seeking alimony;
  • the time necessary and expense required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;
  • the standard of living established while married;
  • the length of the marriage;
  • the age, and health condition of both parties;
  • any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;
  • the ability of a party to pay support;
  • tax consequences;
  • whether either party has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and
  • any other factor which the Court finds relevant.

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