Alimony (spousal support) in Delaware is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Delaware, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Delaware’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Delaware family law statutes as of May 2026.
In This Delaware Alimony Guide:
Types of Alimony in Delaware
Delaware courts may award the following types of alimony:
- Interim (temporary
- during pendency of divorce)
- Rehabilitative (short-term support for education/training toward self-sufficiency
- most commonly awarded)
- Permanent (indefinite
- available for marriages of 20+ years where self-sufficiency is unlikely
- rarely awarded)
How Delaware Calculates Alimony
Delaware does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Delaware courts consider these factors when determining alimony:
- (1) Financial resources of the party seeking alimony
- including marital or separate property apportioned
- and ability to meet reasonable needs independently; (2) Time and expense required to acquire sufficient education or training for appropriate employment; (3) Standard of living established during the marriage; (4) Duration of the marriage; (5) Age
- physical and emotional condition of both parties; (6) Financial or other contribution by either party to the education
- training
- vocational skills
- career or earning capacity of the other party; (7) Ability of the paying party to meet their own needs while paying alimony; (8) Tax consequences; (9) Whether either party foregone or postponed economic
- education
- or employment opportunities during the marriage; (10) Any other factor the Court expressly finds just and appropriate to consider
Income disparity: YES. Under 13 Del. C. § 1512(b), a party may be awarded alimony ONLY if all three prongs are met: (1) the party is dependent upon the other party for support and the other party is not otherwise obligated to provide support after divorce; (2) the party lacks sufficient property (including marital property awards) to provide for their own reasonable needs; AND (3) the party is unable to support themselves through appropriate employment, or is the custodian of a child whose condition makes it inappropriate to seek employment.
Vocational evaluation: YES, implicitly supported and encouraged by statute. Under 13 Del. C. § 1512(e), any person awarded alimony has a “continuing affirmative obligation to make good faith efforts to seek appropriate vocational training, if necessary, and employment” unless the Court specifically finds after a hearing that it would be inequitable to require this. Vocational evaluations may be used to establish earning capacity, needed training, and time/expense to become self-supporting. Failure to demonstrate good faith efforts can result in alimony reduction or termination.
Delaware Alimony Duration Guidelines
YES — statutory bright-line rule under 13 Del. C. § 1512(d): for marriages under 20 years, alimony duration cannot exceed 50% of the length of the marriage (e.g., 10-year marriage caps at 5 years max). For marriages of 20 years or longer, there is no statutory time limit on alimony duration.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under No specific statutory definition of “short marriage.” The 50% duration cap applies to all marriages under 20 years, effectively limiting awards for shorter marriages proportionally.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (20 years. Marriages lasting 20 years or more are exempt from the 50% duration cap, making indefinite/permanent alimony possible.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. For marriages of 20+ years, there is no statutory time limit. Courts may award permanent alimony when the recipient is unable to become self-supporting due to age, health, or other circumstances. Rare in practice.
Modifying & Terminating Delaware Alimony
Modification: YES. Alimony may be modified or terminated upon a showing of a “real and substantial change of circumstances” under 13 Del. C. § 1519. The party requesting modification bears the burden of proof. Examples include job loss, significant income changes, or serious illness. The Family Court in the county where the respondent resides has jurisdiction.
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Cohabitation: Cohabitation terminates alimony automatically by statute (13 Del. C. § 1519), unless the parties agreed otherwise in writing. Cohabitation is defined as regularly residing with an adult of the same or opposite sex where the parties hold themselves out as a couple, regardless of whether the relationship confers a financial benefit on the recipient. Proof of sexual relations is admissible but not required. The recipient has a duty to promptly notify the payor of cohabitation.
Remarriage: Remarriage of the recipient automatically terminates alimony by operation of law under 13 Del. C. § 1519, unless the parties agreed otherwise in writing. No petition is required, though the payor may need to file a motion if the recipient fails to notify and payments continue. The recipient has a duty to promptly notify the payor of remarriage.
Retirement: No specific Delaware statute addresses retirement. Retirement would likely qualify as a “real and substantial change of circumstances” under 13 Del. C. § 1519 for modification purposes, particularly if it causes significant income reduction. Analysis would depend on whether retirement was in good faith vs. voluntary to avoid alimony, whether payor reached standard retirement age, and magnitude of income reduction. UNVERIFIED whether Delaware courts have established specific case law precedent on voluntary vs. involuntary retirement.
Tax Implications of Delaware Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Delaware divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Delaware Alimony
Adultery: NO impact. The statute explicitly provides that alimony shall be awarded “without regard to marital misconduct” (13 Del. C. § 1512(c)). Adultery cannot be considered in determining alimony amount or duration. However, adultery is recognized as a ground for divorce itself.
Other marital misconduct: NO impact. The “without regard to marital misconduct” language in 13 Del. C. § 1512(c) covers all forms of misconduct, including adultery, bigamy, conviction of a crime, physical or verbal abuse, desertion, willful refusal to perform marriage obligations, venereal disease, habitual intemperance, and habitual use of illegal drugs. None may be considered in alimony determinations. Delaware alimony is strictly needs-based, not fault-based.
Additional Delaware rules: (1) 50%/20-year bright-line duration rule — alimony for marriages under 20 years cannot exceed 50% of marriage length; marriages 20+ years have no cap (§ 1512(d)). (2) Mandatory self-sufficiency obligation — recipients must make continuing good faith efforts toward vocational training and employment or face reduction/termination (§ 1512(e)). (3) Broad cohabitation definition — covers same-sex and opposite-sex cohabitation and applies regardless of whether the new relationship confers financial benefit. (4) Written waiver provision — a party who waived alimony rights in writing (before, during, or after marriage) has no remedy under the alimony statute (§ 1512(f)). (5) Complete no-fault for alimony — marital misconduct is entirely barred from alimony considerations, stronger than many states that allow misconduct as a factor. (6) No recent legislative reforms to §§ 1512 or 1519 identified for 2024-2026.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Delaware Alimony Statute: 13 Del. C. § 1512 (alimony award, eligibility, factors, duration caps, vocational obligation); 13 Del. C. § 1519 (modification, termination, cohabitation, remarriage). Official code: https://delcode.delaware.gov/title13/c015/
Last verified May 2026. Contact us if you notice outdated information.