Reviewed August 2026
Spousal Support in Delaware
Delaware calls spousal support alimony. The Family Court decides it as part of a divorce case. The controlling law is Title 13, Chapter 15 of the Delaware Code, mainly 13 Del. C. § 1512. Delaware does not award alimony automatically. A spouse must first meet eligibility rules. These include filing an alimony petition within a specific window of the divorce. The spouse must also lack sufficient property or income to meet reasonable needs. Delaware ties the potential duration of alimony to the length of the marriage. Many other states do not spell this out as directly in statute. For shorter marriages, the court's ability to order alimony for an extended period is more limited than for long marriages. Marriages that lasted 20 years or longer are treated differently under the statute. The duration rules depend on the exact language of § 1512. That language can change with amendments. Confirm the current statutory text before assuming how long an award can last. Family Court self-help resources can also help.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how spousal support works under Delaware law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Delaware paperwork. See how Virdix works for California divorces.
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Eligibility and the factors courts weigh
13 Del. C. § 1512 requires a dependent spouse to show inadequate resources for their own reasonable needs. The spouse must also show a lack of ability to be self-supporting through appropriate employment. Custody of a child whose needs make employment inappropriate is another qualifying ground. Once eligibility is shown, the court weighs several factors. These include the financial resources of each spouse and the standard of living during the marriage. The court also looks at the length of the marriage and each spouse's age and health. It considers the time needed for the dependent spouse to gain education or training, plus each spouse's contributions to the marriage.
The marriage-length duration rule
Delaware statute treats marriages of 20 years or longer differently from shorter ones. Marriages under 20 years are generally subject to a duration limit tied to the length of the marriage itself. Marriages of 20 years or longer are an exception to that limit under § 1512. The exact durational formula in the current statute should be confirmed directly. Read the current text of § 1512 or check with a Family Court self-help resource before relying on a specific limit.
Modification of an existing order
An alimony order can be modified if either spouse shows a real and substantial change of circumstances since the order was entered. This might include a significant change in income, employment, or health. A request to modify is filed in the Family Court that handled the original divorce case.
Termination on remarriage or cohabitation
Delaware law generally terminates alimony upon the remarriage of the recipient. Cohabitation with another person can also be grounds for termination or modification. This depends on the facts and the specific terms of the order. A paying spouse who believes either situation applies should petition the Family Court. Payments should not simply stop without a court ruling.
Sources: Delaware Code Title 13, Chapter 15 (Divorce and Annulment, includes §1512 alimony), Delaware Courts - Family Court, IRS Tax Topic 452, Alimony and Separate Maintenance
Not independently confirmed
- The exact current wording and any specific percentage or multiplier in Delaware's marriage-length duration rule under § 1512 was not independently quoted verbatim; confirm the current statutory text at the linked Chapter 15 page before citing a specific cutoff.
- The deadline for filing an alimony petition relative to the divorce decree was not independently confirmed; check current Family Court rules.
Spousal Support in Delaware: frequently asked questions
What is spousal support called in Delaware?+
Delaware statute and courts use the term alimony. It is governed by 13 Del. C. § 1512 and decided by the Family Court as part of a divorce case.
Do I have to meet specific requirements to get alimony in Delaware?+
Yes. Under 13 Del. C. § 1512, a dependent spouse must show inadequate resources for reasonable needs. The spouse must also show an inability to be self-supporting through appropriate employment, or custody of a child whose needs make employment inappropriate. These are eligibility grounds the court checks before setting an amount.
How long does alimony last in Delaware?+
Delaware ties potential duration to the length of the marriage. Marriages under 20 years are generally subject to a duration limit connected to how long the marriage lasted. Marriages of 20 years or longer are treated as an exception to that limit. Confirm the current statutory language before relying on a specific number.
Does remarriage end alimony in Delaware?+
Generally yes. Delaware law typically terminates alimony when the recipient remarries. The paying spouse should still confirm termination with the Family Court rather than stopping payments informally.
Does living with a new partner affect alimony in Delaware?+
It can. Cohabitation can be grounds for the paying spouse to petition the Family Court to modify or terminate alimony. This depends on the facts of the arrangement and the terms of the original order.
Is alimony taxable in Delaware?+
For divorces finalized after December 31, 2018, federal law no longer allows the paying spouse to deduct alimony. It also no longer requires the recipient to treat alimony as taxable income, under the Tax Cuts and Jobs Act. Agreements executed before 2019 generally keep the older tax treatment unless later modified.
This page is general information about spousal support in Delaware, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Delaware's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Delaware. Virdix does not prepare or file Delaware divorce paperwork. It is not a substitute for an attorney licensed in Delaware.
More Delaware divorce guides
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