Types of Alimony in Delaware
Delaware allows interim alimony while a case is pending and alimony in the decree, but only to a dependent party who depends on the other for support, lacks sufficient property and cannot support himself or herself through appropriate employment. The amount and time are what the court deems just.
Interim alimony
The Family Court may award interim alimony to a dependent party while a divorce or annulment is pending (13 Del. C. 1512(a)). Interim alimony is separate from the alimony ordered in the decree.
Alimony in the decree: the dependent party test
A party may be awarded alimony only if he or she is a dependent party. That means the party is dependent on the other for support and the other is not obligated to provide it after the decree; lacks sufficient property, including any award of marital property, to provide for his or her own reasonable needs; and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate not to seek employment (Section 1512(b)).
Amount and time
The order is in such amount and for such time as the court deems just, without regard to marital misconduct, after considering all relevant factors. Delaware does not label alimony as rehabilitative or permanent, and it has no formula; the time limit is the 50% rule discussed in how long alimony lasts in Delaware.
The duty to seek work
A person awarded alimony has a continuing obligation to make good faith efforts to seek appropriate vocational training and employment, unless after a hearing the court finds it would be inequitable because of severe and incapacitating illness or disability, because of the person’s age, or immediately because of the needs of a minor child living with the person (Section 1512(e)).
Waivers and property
A party who waived or released alimony in writing has no remedy under the statute (Section 1512(f)). Whether a property award is in lieu of or in addition to alimony is one of the factors in the property statute, so the two are decided together; see the Delaware property division calculator.
What to gather
Gather income and expense records for both spouses, the marriage dates, records of education and work history, health information that bears on employment and information about the property each spouse will receive. Those records address the dependent party test and the Section 1512(c) factors.
What ends alimony
Unless the parties agree otherwise in writing, alimony ends on the death of either party or the remarriage or cohabitation of the person receiving it. The Delaware alimony calculator applies the eligibility limit to your dates.
Frequently asked questions
What types of alimony does Delaware have?
Interim alimony while the case is pending and alimony in the decree. The statute does not use rehabilitative or permanent labels.
Can I get interim alimony in Delaware?
Yes. The Court may award interim alimony to a dependent party during the pendency of a divorce or annulment action.
Is fault considered for Delaware alimony?
No. The order is made without regard to marital misconduct.
Do I have to look for work if I receive alimony in Delaware?
Generally yes. A recipient has a continuing obligation to make good faith efforts to seek training and employment unless the court finds it would be inequitable for reasons such as disability, age or the needs of a minor child.
Does a Delaware prenuptial waiver of alimony apply?
Yes. A party who waived or released alimony in writing before, during or after the marriage has no remedy under the alimony statute.
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.