Who may qualify, how the marriage length affects duration, and when an existing award can change or end.
Short answer
Delaware alimony begins with dependency, not a formula. If the marriage lasted less than 20 years, 13 Del. C. § 1512 generally limits alimony eligibility to no more than 50% of the marriage's duration. For a marriage of 20 years or more, the statute imposes no fixed time limit, but an award is not automatic. Unless a written agreement provides otherwise, future alimony ends on either party's death, the recipient's remarriage, or the recipient's cohabitation. A modifiable award may change only upon a real and substantial change of circumstances under § 1519.
Who can receive alimony in Delaware?
A spouse must first prove dependency under § 1512. The Court considers whether the spouse depends on the other for support, lacks sufficient property to provide for reasonable needs, and cannot support himself or herself through appropriate employment, or is the custodian of a child whose circumstances make employment inappropriate. Only after dependency is established does the Court decide amount and duration.
Alimony is not automatically awarded because one spouse earns less. Property received in the divorce, reasonable expenses, earning capacity, child-care responsibilities, health, and available income all affect dependency.
What factors determine amount and duration?
• The dependent spouse's financial resources, including marital property and the ability to meet needs independently.
• The time and expense needed for education or training to obtain appropriate employment.
• The standard of living established during the marriage.
• The length of the marriage.
• Each spouse's age and physical and emotional condition.
• Financial or other contributions to the other spouse's education, training, vocational skills, career, or earning capacity.
• The paying spouse's ability to meet personal needs while paying alimony.
• Tax consequences, foregone economic opportunities, and any other just factor.
The statute also imposes a continuing duty on a person seeking alimony to make good-faith efforts to obtain and maintain employment, training, and education unless Family Court finds that requirement inequitable.
When can an alimony order be modified?
Under § 1519, alimony or other relief may be modified or terminated only upon a real and substantial change of circumstances. The change must be proved with reliable evidence and must be significant in relation to the existing order. A small or temporary fluctuation may not be enough.
• An involuntary job loss or meaningful income reduction supported by job-search and financial records.
• A serious health change that affects a party's earning capacity or reasonable expenses.
• A substantial, continuing increase in the recipient's income or reduction in demonstrated need.
• Retirement, depending on age, timing, good faith, resources, and the original order.
• A change already anticipated and built into the order may carry less weight than an unexpected event.
Read the agreement before filing
A written separation agreement can define, limit, waive, or make alimony nonmodifiable. Section 1512 also states that a person who waived or released alimony in writing has no remedy for alimony. The exact contract language can control before the Court reaches a change-of-circumstances analysis.
When does alimony end?
Unless the parties agree otherwise in writing, future alimony terminates upon the death of either party, the recipient's remarriage, or the recipient's cohabitation. Section 1512 defines cohabitation as regularly residing with another adult and holding themselves out as a couple. The statute does not require proof that the couple receives a financial benefit from the relationship. Sexual relations may be relevant but are not required.
Cohabitation example: Occasional overnight visits or a dating relationship do not answer the statutory question by themselves. The Court may examine residence patterns, addresses, household arrangements, public representations, and the full course of conduct to decide whether the adults regularly reside together and hold themselves out as a couple.
A party should not unilaterally stop payments based only on suspicion. The order remains enforceable until the legal effect of the event is established or the parties act consistently with a controlling agreement and law.
What evidence is useful in a modification case?
• The existing order, separation agreement, hearing decision, and calculations supporting the original amount.
• Current and historical tax returns, pay records, benefit statements, and proof of other income.
• Updated monthly expenses with statements and invoices for material changes.
• Medical records and vocational evidence when health or earning capacity is at issue.
• Job-loss documents, severance terms, applications, interviews, and efforts to obtain comparable employment.
• Retirement-plan information, budgets, and evidence explaining the timing and good faith of retirement.
• Lawfully obtained evidence relevant to remarriage or statutory cohabitation.
Do not lose the right to request alimony
Alimony is ancillary to divorce. A spouse seeking it should make the request in the divorce proceeding and comply with Family Court's requirements for preserving ancillary jurisdiction. A person who waits until after the divorce decree, without a preserved claim, may lose the ability to seek an initial award.
Frequently asked questions
Is Delaware alimony calculated by a fixed formula?
No. The statute requires proof of dependency and consideration of listed factors. Financial calculations help organize the evidence but do not replace the Court's statutory analysis.
Does a ten-year marriage guarantee five years of alimony?
No. Five years is the maximum period of eligibility under the 50% cap, not a guaranteed award. Dependency, amount, and duration remain disputed issues.
Can alimony increase after divorce?
A modifiable award can potentially increase, decrease, or end if the moving party proves a real and substantial change of circumstances and the agreement does not bar modification.
Does retirement automatically terminate alimony?
No. Retirement can support a modification request, but the Court examines the circumstances, resources, timing, good faith, and existing agreement or order.
Does living with a roommate end alimony?
Not merely because two adults share an address. The statutory question is whether they regularly reside together and hold themselves out as a couple. The full facts matter.
