​ALIMONY IN DELAWARE

Under Delaware Law, to appropriately request alimony, it must be claimed prior to the Divorce, whether in the Divorce Petition, the Divorce Answer and Counterclaim or by Motion. It differs from Delaware Spousal Support which ends with the Divorce and can if awarded continue for marriages over 20 years, until death, cohabitation or remarriage. For marriages less than 20 years, Delaware alimony if claimed appropriately can last for a maximum of 1/2 the length of the marriage and ends with death, cohabitation or remarriage of the recipient. It is a complicated law, one which depends on the you and your spouse's expenses and earnings or earning capacity.  Further, please be aware the federal tax law has changed and this effect the taxability of income.  Alimony entered as an order after December 31, 2018 is no longer tax deductible to the payor of alimony or taxable to the recipient.

Alimony is not automatic, A spouse requesting alimony must show both the need and the other spouse's ability to pay. This means that both parties' income, earning capacity and expenses are important. As to expenses, the court makes a determination as to which expenses are reasonable.  That means in preparing or defending an alomony claim, a budget is made showing both your and your spouse current monthly expenses and estimated monthly expenses. The court uses the form below in determining your budget.