Delaware Alimony Laws

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse.

 

The following circumstances allot for alimony eligibility in Delaware: one spouse is dependent on the other spouse for support with that spouse not being contractually obligated to provide such support; a spouse lacks sufficient property to adequately provide for his or her needs; a spouse is unable to support him/herself through employment; or a spouse is the custodian of a child whose conditions or circumstances prevent that spouse from seeking employment. A person in Delaware is eligible for alimony for a period of time that does not exceed 50% of the length of the marriage. However, if the couple has been married for 20 years or longer, there is no time limit for alimony.

 

To be eligible for alimony, spouses in all states, including Delaware, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. According to § 1512 of the Delaware Code, courts should consider the following factors when considering an award for alimony:

 

  • 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
  • The time and expenses required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
  • The standard of living established during the marriage
  • The duration of the marriage
  • The age, physical, and emotional 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 the other party to meet his or her needs while paying alimony
  • Tax consequences
  • Whether either party has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
  • Any other factor which the Court expressly finds is just and appropriate to consider

 

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

 

In the United States, alimony is treated differently tax wise from child support payments. In Delaware, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. For a comprehensive explanation of alimony and divorce law in Delaware, go to lawyers.com.