Delaware Alimony / Spousal Support Estimator

Delaware has no formula for calculating alimony. Under Del. Code Ann. tit. 13, § 1512(c), Family Court judges exercise broad discretion, weighing at least 13 statutory factors including each spouse's financial resources, earning capacity, and the marital standard of living. The court sets both the amount and duration based on these individualized findings.

Delaware awards three types of spousal support: interim (temporary) alimony during the divorce proceedings, rehabilitative alimony to fund education or job training for the dependent spouse, and permanent alimony for long-term marriages where self-sufficiency is unlikely. Rehabilitative alimony is the most commonly ordered form in Delaware Family Court.

Delaware law caps alimony duration at 50% of the marriage length for marriages under 20 years — a 10-year marriage yields a maximum of 5 years of support. Marriages lasting 20 years or more have no statutory time limit under § 1512(d). Alimony terminates automatically upon the recipient's remarriage, cohabitation, or either party's death.

Under § 1512(c), Delaware courts evaluate financial resources and property of both spouses, time and cost needed for education or training, the marital standard of living, each party's contributions to the other's career or earning capacity, and the paying spouse's ability to remain financially stable. The court may also consider any other factor it deems relevant.

Delaware allows alimony modification only upon a showing of a 'real and substantial change of circumstances' under Del. Code Ann. tit. 13, § 1519. Examples include job loss, significant income changes, or serious illness. The party requesting modification bears the burden of proving the changed circumstances warrant a new order.

No. Delaware statute § 1512(c) explicitly states that alimony is determined 'without regard to marital misconduct.' Adultery, abandonment, and other fault grounds have no bearing on whether alimony is awarded or the amount ordered. Courts base alimony decisions solely on financial factors and the dependent spouse's needs.

For divorce agreements finalized after December 31, 2018, alimony is not deductible by the payer and not taxable income for the recipient under the federal Tax Cuts and Jobs Act of 2017. Delaware conforms to federal tax treatment. Agreements finalized before 2019 follow the prior rules unless formally modified to adopt the new standard.

Yes. Under Del. Code Ann. tit. 13, § 1512(f), a party who has 'in writing before, during or after the marriage waived or released such party's own right to alimony shall have no remedy under this section.' A valid prenuptial or postnuptial agreement waiving alimony is enforceable in Delaware Family Court.