Delaware Alimony / Spousal Support

Delaware alimony, also referred to as spousal support or maintenance is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

Spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.

Requirements and Duration of Delaware Spousal Support

Delaware courts can award alimony payments to be paid by either party. The court can award interim alimony. A person can be eligible for alimony for a period not to exceed 50% of the term of the marriage unless the marriage is 20 years or longer. In that situation there shall be no time limit, unless the court determines based on the facts of the case that time limits are appropriate. If before, during or after the marriage a person waived or released his or her right to alimony then they cannot seek alimony.

Factors Considered in Delaware Alimony

It is the responsibility of the spouse who is asking for alimony to show they:

The court can award alimony in an amount and for a period of time is deemed just, without regard to marital misconduct. The following factors are used in determining amount and length of Delaware alimony:

Termination of Alimony in Delaware

Alimony payments can be terminated for various reasons. If the party paying the alimony dies, alimony payments will cease immediately. Additionally, if the party receiving the alimony cohabitates, remarries, or otherwise holds themselves out as a couple with the person with whom they are living, "regardless of whether the relationship confers a financial benefit, alimony payments will be terminated."

Delaware statutes for divorce and alimony can be found here: Title 13 Domestic Relations

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