How Long Does Alimony Last in Delaware?
In Delaware, a person is eligible for alimony for no more than 50% of the term of the marriage, with no time limit for a party married 20 years or longer. Alimony ends earlier on the death of either party or the remarriage or cohabitation of the recipient unless the parties agree otherwise in writing.
The 50% rule
Under 13 Del. C. 1512(d), a person is eligible for alimony for a period not to exceed 50% of the term of the marriage. The factors in Section 1512(c) still apply, so eligibility is a ceiling, not a promise.
Marriages of 20 years or longer
If a party is married for 20 years or longer, there is no time limit as to that party’s eligibility, but the court still considers the factors in subsection (c). In practice, the court decides how long alimony should last on the evidence.
Examples
| Term of the marriage | Longest eligibility period |
|---|---|
| 4 years | Up to 2 years |
| 9 years | Up to 4 years, 6 months |
| 12 years | Up to 6 years |
| 19 years, 11 months | Up to 9 years, 11 months |
| 20 years | No time limit on eligibility |
| 30 years | No time limit on eligibility |
The statute does not say which date ends the term of the marriage, so ask your attorney which date applies; the Delaware alimony calculator lets you try different dates.
When it ends sooner
Unless the parties agree otherwise in writing, the obligation to pay future alimony ends on the death of either party or the remarriage or cohabitation of the person receiving it. “Cohabitation” means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, regardless of whether the relationship confers a financial benefit. Proof of sexual relations is admissible but not required. The recipient must promptly notify the other party of remarriage or cohabitation.
The recipient’s obligations
A recipient must keep making good faith efforts to seek vocational training and employment unless the court finds it would be inequitable, which can shorten what a court finds just as time passes.
Questions for the negotiation
If you are negotiating alimony, decide the amount, the length, whether it should be modifiable and what events should end it. A written agreement can change the statute’s default ending events, so it should say clearly what the parties intend about cohabitation and remarriage.
Questions for an attorney
Ask which date measures the marriage, whether your marriage is likely to cross the 20-year line, what the court is likely to find just on your facts, and whether a written agreement should change the default ending events.
Frequently asked questions
What is the Delaware 50% rule for alimony?
A person is eligible for alimony for a period not to exceed 50% of the term of the marriage.
Is there lifetime alimony in Delaware?
For a party married 20 years or longer, there is no time limit on eligibility. The court still applies the statutory factors, and alimony ends on death, remarriage or cohabitation unless the parties agree otherwise in writing.
How long is alimony after a 10-year marriage in Delaware?
Eligibility lasts up to 5 years, which is 50% of 10 years, subject to the factors.
Does cohabitation stop alimony in Delaware?
Yes, unless the parties agree otherwise in writing.
Does a 20-year marriage guarantee alimony in Delaware?
No. It removes the time limit on eligibility, but the party must still qualify as dependent and the court considers the factors.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Delaware statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Delaware attorney.