The following is a summary of Delaware alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Delaware Code and/or consult with an attorney about how the law might apply to your particular situation.

Whether to Award Alimony.

A party in Delaware can be awarded alimony only if he or she:

  1. Is dependent upon the other party for support and the other party is not contractually or otherwise obligated to provide that support after the entry of a divorce decree;
  2. Lacks sufficient property, including any award of marital property made by the Court, to provide for his or her reasonable needs; and
  3. Is unable to support himself 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 Guidelines.

The alimony order shall be in such amount and for such time as the Court deems just, without regard to marital misconduct, after consideration of all relevant factors, including, but not limited to:

  1. The financial resources of the party seeking alimony, including the marital or separate property apportioned to him or her, and his or her ability to meet all or part of his or her reasonable needs independently;
  2. The time necessary and expense required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;
  3. The standard of living established during the marriage;
  4. The duration of the marriage;
  5. The age, physical and emotional condition of both parties;
  6. Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;
  7. The ability of the other party to meet his or her needs while paying alimony;
  8. Tax consequences;
  9. Whether either party has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and
  10. Any other factor which the Court expressly finds is just and appropriate to consider.

Additional Information.

A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage, with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility.

Date of Termination.

Unless otherwise agreed in writing, the obligation to pay future alimony is terminated upon the death of either party, or the remarriage or cohabitation of the party receiving alimony. “Cohabitation” means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of his or her remarriage or cohabitation.

-From § 1512 of the Delaware Code.

 

This information has been summarized from the Delaware statutes. You can find the full-text version of these and other Delaware divorce statutes online here: Delaware Divorce Laws.

LEARN MORE ABOUT GENERAL ALIMONY LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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