Who is eligible for spousal support in Delaware?

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Question:

Who is eligible for spousal support in Delaware?

Answer:

When going through a divorce in Delaware, there are many issues that you have to think and study about. One of these is Delaware spousal support. Alimony is a matter over which the Delaware divorce courts have discretion. Simply put, the courts in the state will grant the alimony to either spouse based on certain circumstances, and also determine the amount of spousal support. There are several types of spousal support: temporary, short-term, and long-term or permanent. Temporary support is usually granted in between the time that the dissolution papers are filed and the case is finalized. Short-term support is given for a limited time or until the spouse is able to take up employment. Long-term or permanent support is awarded usually to spouses who were part of long-term marriages.

To qualify for alimony in Delaware, a spouse should be dependent on the other for financial support, should have no sufficient financial means to provide for his/her basic needs, and should have no ability to support himself/herself through employment. A spouse who has custody of the child and therefore, cannot take employment due to these circumstances, can also be awarded with alimony. The court also considers other factors like resources and assets of the spouse seeking support, standard of living during marriage, duration of the marriage, age and condition of both parties, financial contribution of one spouse for the other’s education or career, and tax consequences, among others. The court also has the power to terminate or modify alimony if there are certain changes in circumstances such as remarriage, death, and so on. 

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