Alimony and Spousal Support in Delaware

Alimony can be awarded only to a dependent spouse: one who depends on the other for support, lacks enough property (including the marital property award) for reasonable needs, and cannot support themselves through appropriate work or cares for a child whose needs make outside work inappropriate. The amount and length are set without regard to marital misconduct, considering factors such as financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, and the payer's ability to pay. Alimony may last no more than 50 percent of the length of the marriage, except there is no time limit for marriages of 20 years or more. A spouse who waived alimony in writing cannot receive it.

Delaware uses equitable distribution. On request, the court divides marital property without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills, employability, debts and needs, whether the award is instead of alimony, each spouse's contribution or dissipation (including as a homemaker), and tax consequences. Marital property is all property acquired during the marriage, except property gained by inheritance or by gift meeting certain conditions, property exchanged for pre-marriage property, property excluded by valid agreement, and the increase in value of pre-marriage property. Jointly titled real estate bought before the marriage is marital property unless excluded by agreement.