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Delaware Alimony Laws and Spousal Support

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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