Divorce Alimony in Delaware

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Factors affecting Divorce Delaware Alimony

The court decides the duration and amount of alimony. Prior to taking these decisions, the court ponders over the following points.

• Has any spouse postponed or foregone economic, educational or other job chances while the spouses were married?
• The tax effects of alimony
• The capacity of the spouse, from whom alimony is demanded, to fulfill own requirements as well as disburse alimony
• If any spouse has made any financial or other input to the education, vocational skills, training, earning capacity or career of the other spouse
• The emotional and physical condition and age of both spouses
• The period of marital life
• The standard of living experienced in marital life
• The duration and amount of money essential for the spouse seeking alimony to be suitably employed
• The financial sources of the spouse requesting for alimony, inclusive of the following
  • The marital and separate property allocated to this spouse
  • The capacity of this spouse to fulfill own requirements independently
• Any other factors that the court feels are fair and apt for consideration

Circumstances in Divorce Delaware Alimony

The court examines the following circumstances before concluding whether the spouse requesting for alimony is a dependent party.

• The spouse is unable to support self by means of suitable employment
• The spouse is the custodian of a child. The circumstances or condition of this child make it compulsory that the spouse should not seek a job
• The spouse is in dearth of enough property, inclusive of the award of marital property granted by the court. This cumulative property is not sufficient to fulfill the spouse's reasonable requirements
• The spouse is dependent on the other partner for support. This other partner is not obligated or does not have a contract to offer support after the entry of decree

Termination of Delaware Alimony

• After the demise of either spouse or the cohabitation or remarriage of the recipient of alimony, the obligation to disburse alimony ceases. However, the spouses may agree otherwise in writing
• The term "cohabitation" in the previous points implies the following
  • The recipient is consistently living with an adult of opposite or same sex
  • The recipient and the individual is cohabiting consider themselves as a couple, irrespective of the fact whether this relation results in a financial advantage to the recipient
  • Evidence of sexual relations between the recipient and his / her cohabiting partner is not mandatory
  • The recipient of alimony must intimate the ex spouse of his / her cohabitation or remarriage without any delay

• The duration of alimony payments should not surpass 50 percent of the duration of the marriage. The exception to this rule is mentioned in the next point
• If a spouse is married for 20 years or more, there is no time limit regarding the duration for which the recipient is eligible for alimony payments
• During or post marital life, a spouse has the right to waive or release his / her right to alimony in written form. If such a written document exists, the spouse will never get any alimony

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