How long does Delaware spousal support last?

Delaware spousal support is granted on a case by case basis. Delaware's divorce courts have the discretion to grant alimony to either spouse if circumstances deem that support is necessary such as instances where one spouse is dependant upon the other for support, lacks property to provide for reasonable needs and is unable to be self-supporting through employment or has custody of a child whose circumstances make it necessary. Marital fault may not be considered in determining alimony.

Types of Spousal Support

• Temporary – may be awarded during the time between filing dissolution papers and final disposition of the case
• Short-Term – may be awarded for a limited time, typically to allow the grantee time and resources to gain skills or employment
• Long-Term or Permanent – may be awarded, especially in cases of long-term marriage

Factors for Awarding Alimony

Delaware courts consider the following in determining support awards:

• Resources of the seeking party;
• Standard of living as established during marriage;
• Duration of marriage;
• Age and condition of the parties;
• Contribution toward the education or career of either party; and
• Tax consequences.

Termination or Modification of Alimony

Alimony in Delaware may be modified upon a showing of change in circumstances. Alimony automatically ends upon the death of either person or remarriage or cohabitation of the recipient, unless the parties have a contrary written agreement.

How Long Does Spousal Support Last in Delaware?

In Delaware, alimony support must not exceed half of the term of the marriage, unless the marriage was lasted longer than 20 years.

In any divorce proceeding, both parties should be adequately represented to protect their respective interests. If you are facing a divorce in Delaware, consult with an experienced attorney to represent you during the proceedings.