Modifying or Ending Alimony in Delaware
In Delaware, alimony can be modified or terminated only upon a showing of real and substantial change of circumstances. Unless the parties agree otherwise in writing, it ends on the death of either party or the remarriage or cohabitation of the recipient.
Real and substantial change of circumstances
Under 13 Del. C. 1519(a), alimony or any other relief awarded may be modified or terminated only upon a showing of real and substantial change of circumstances. Property disposition can be reopened only on circumstances that would justify opening or vacating a judgment under the Superior Court rules, and child support and custody follow their own chapters.
Death and remarriage
Unless otherwise agreed in writing and expressly provided in the decree, the obligation to pay future alimony ends on the death of either party or the remarriage of the person receiving alimony (Section 1519(b)). Section 1512(g) adds cohabitation: unless the parties agree otherwise in writing, alimony ends on the cohabitation of the recipient as well.
Notice duty
A person receiving alimony must promptly notify the other party of remarriage or cohabitation. Failing to do so can lead to disputes about overpayments, so keep records.
Where to file
Alimony orders are enforced exclusively by the Family Court in the county where the respondent resides or is found, or where the petitioner resides if the respondent cannot be found in Delaware, and the Family Court may modify or terminate support obligations formerly decreed by the Superior Court (Section 1519(c)).
Waivers and agreements
A party who waived alimony in writing has no remedy under the alimony statute. Check your decree and any written agreement before assuming a change is possible or automatic.
Child support follows different rules
Child support has its own modification standard: within two and a half years of the last order, a petition must allege with particularity a substantial change of circumstances not caused by the petitioner’s voluntary or wrongful conduct, and an order is not modified unless the formula indicates a change of more than 10%. Beyond two and a half years, neither requirement applies, and a change caused solely by a revision of the formula is not a ground. Alimony has no percentage test: the standard is a real and substantial change of circumstances. See the Delaware child support calculator for the child support side.
Interim alimony ends with the decree
Interim alimony is awarded only while the divorce or annulment is pending. The alimony ordered in the decree is a separate order, so a request to change it is decided under Section 1519, not under the interim order.
What to bring when you ask the court to change an order
Bring the order with its terms, proof of what has changed (income, health, employment, remarriage or cohabitation) and documents showing the change is real and substantial. A clear before-and-after comparison is the most useful evidence.
Next steps
See how long alimony lasts in Delaware for the eligibility limit and the Delaware alimony calculator for your dates.
Frequently asked questions
Can Delaware alimony be modified?
Yes, only upon a showing of real and substantial change of circumstances.
Does remarriage end alimony in Delaware?
Yes, unless the parties agreed otherwise in writing and the decree expressly provides otherwise.
Does cohabitation end alimony in Delaware?
Yes. Unless the parties agree otherwise in writing, alimony ends on the cohabitation of the recipient.
Which Delaware court handles alimony enforcement?
The Family Court, in the county where the respondent resides or is found.
Can Delaware property division be changed later?
Only on circumstances that would justify opening or vacating a judgment under the Superior Court rules.
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.