Alimony or spousal maintenance laws of Delaware are set forth in the Delaware Code, Title 13, Chapter 15. The Delaware Code provisions spell out the factors to be used by a court in considering an award of alimony. In addition, the statutes provide guidance on how long one spouse is required to pay alimony to the other.
Basic Statutory Considerations
Delaware law utilizes three factors to determine whether a court should award alimony in a particular case, according to Delaware Code, Title 13, Chapter 15. First, a court analyzes whether a spouse historically was dependent on the other party for financial support. Second, a court considers whether a spouse has sufficient property and resources, including whatever is received through the divorce, to support his reasonable needs. Finally, a court looks at what type of employment the spouse seeking alimony can obtain. This factor includes a consideration of whether that parent is designated as the primary custodian or caretaker of the child through the divorce proceedings.
Term of Alimony Obligation
Delaware law establishes the length of time a person is required to pay alimony. The basic rule is that a person shall not pay alimony for a period of time that exceeds 50 percent of the length of the marriage, according to Help Yourself Divorce. The exception to this general rule exists for a couple that was married for 20 years of longer. In such a case alimony can be ordered indefinitely.
An alimony obligation terminates upon the death of either party. In addition, an alimony obligation also terminates upon the remarriage or cohabitation of the person receiving payments. Cohabitation requires that these individuals hold themselves out as a couple, according to the Delaware Code.
Legal Representation
Claims for alimony in divorce proceedings can become very contentious. Facing an alimony dispute in your divorce case, seriously consider engaging representation from an experienced attorney. The Delaware State Bar Association maintains a directory of attorneys in different practice areas, including divorce law. Contact the organization at:
Delaware State Bar Association
301 N. Market St.
Wilmington, DE 19801
302- 658-5279
dsba.org
