Your Delaware Divorce Lawyer Serving Wilmington Newark and all New Castle County

Divorce Lawyer Delaware

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  • Protection From Abuse

Divorce Lawyer Delaware

Divorce Lawyer DelawareDivorce Lawyer DelawareDivorce Lawyer Delaware
Home
Testimonials
Data Policy
Appointments
About Us
Divorce in Delaware
Property Division
Child Custody
Moving and Custody
QDRO in Delaware
Alimony in Delaware
Divorce Settlements
Enforcing Your Agreement
Child VIsitation Delaware
Protection From Abuse
More
  • Home
  • Testimonials
  • Data Policy
  • Appointments
  • About Us
  • Divorce in Delaware
  • Property Division
  • Child Custody
  • Moving and Custody
  • QDRO in Delaware
  • Alimony in Delaware
  • Divorce Settlements
  • Enforcing Your Agreement
  • Child VIsitation Delaware
  • Protection From Abuse
  • Home
  • Testimonials
  • Data Policy
  • Appointments
  • About Us
  • Divorce in Delaware
  • Property Division
  • Child Custody
  • Moving and Custody
  • QDRO in Delaware
  • Alimony in Delaware
  • Divorce Settlements
  • Enforcing Your Agreement
  • Child VIsitation Delaware
  • Protection From Abuse

​ALIMONY IN DELAWARE

Your Delaware Alimony Lawyer serving New Castle County


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. 


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Expense Form for Delaware Alimony

Expense form that Delaware Family Courts Use,

Expense Form Delaware Alimony for Website (pdf)

Download

Expense Form That Delaware Family Courts Use

Delaware Alimony Expense Form

Expense form for either spouse where Delaware Alimony is an Issue

Download PDF

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Divorce Lawyer Delaware

Gary R. Spritz, Esquire, Suite 211, 3511 Silverside Rd.Wilmington, DE 19810 US

(302) 655-0900

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