Start with 13 Del. C. § 1512. In Delaware, Delaware calls it alimony. Discretionary. After dependency is shown, courts weigh statutory factors including length of marriage, earning capacity, and standard of living—no formula percentage. Forms include Temporary and permanent alimony categories under Delaware practice; rehabilitative goals often shape amount and term.. That is the question this guide answers for alimony. Duration: Duration is fact-driven; shorter marriages tend toward rehabilitative terms. Termination: Death, remarriage, or cohabitation as defined by statute/case law; expiration of a fixed term.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Del. Fam. Ct. Civ. R. 52; Delaware Child Support Formula (Melson)) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Delaware's statutory framework.
Eligibility and statutory factors
Discretionary. After dependency is shown, courts weigh statutory factors including length of marriage, earning capacity, and standard of living—no formula percentage.
Fault. Marital misconduct can be considered among the statutory factors.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
How the Delaware rule applies
Apply the Delaware authorities in order. The facts are simplified so the statute and the standard are visible.
One spouse asks a Delaware court for alimony after a divorce filing.
- Use the label and statute Delaware actually uses: alimony under 13 Del. C. § 1512.
- There is no formula. Apply the statutory factors: Discretionary. After dependency is shown, courts weigh statutory factors including length of marriage, earning capacity, and standard of living—no formula percentage.
- Set duration from Delaware rules: Duration is fact-driven; shorter marriages tend toward rehabilitative terms.
- Identify what ends the award: Death, remarriage, or cohabitation as defined by statute/case law; expiration of a fixed term.
Yes, when dependency and other § 1512 factors support an indefinite award, subject to modification. Fault: Marital misconduct can be considered among the statutory factors. Post-2018 federal alimony is not deductible or taxable to the recipient; Delaware follows federal treatment for those decrees.
Types of alimony in Delaware
Temporary and permanent alimony categories under Delaware practice; rehabilitative goals often shape amount and term.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Delaware does not use a statewide calculator for final alimony. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long alimony lasts
Duration is fact-driven; shorter marriages tend toward rehabilitative terms.
Permanent / indefinite support. Yes, when dependency and other § 1512 factors support an indefinite award, subject to modification.
When alimony ends or can be changed
Death, remarriage, or cohabitation as defined by statute/case law; expiration of a fixed term.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Delaware-specific.
Taxes
Post-2018 federal alimony is not deductible or taxable to the recipient; Delaware follows federal treatment for those decrees.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how Delaware courts decide alimony
These LawDiver opinions illustrate how Delaware appellate courts discuss need, ability to pay, duration, and related issues:
G. SOLIS, Respondent-Appellant, v. K. TEA, Petitioner-Appellee and Cross-Appellant
…yments *1279 in the amount of $600 per month in addition to alimony to the extent of 10% of his annual income over $25,000. Further, husband was to pay the private school tuition and bus fare for the couple’s three children. The educational charge was extant so long as husband’s annual income was in excess of $18,000. From January, 1971 until sometime in 1972, husband complied…
Delaware opinions such as G. SOLIS, Respondent-Appellant, v. K. TEA, Petitioner-Appellee and Cross-Appellant are cited where alimony is disputed. The court stated: "Further, husband was to pay the private school tuition and bus fare for the couple’s three children. The educational charge was extant so long as husband’s annual income was in excess of $18,000." That is the language to brief; the rest of the decision supplies the procedural posture.
Caroline N. Beres, Plaintiff, v. Nicholas Beres, Defendant
Caroline N. Beres, Plaintiff, v. Nicholas Beres, Defendant, 52 Del. 133 (1959)
…nce appeared to amount to what is usually called “permanent alimony” which has not heretofore been awarded in Delaware, the matter was fully briefed and argued by the parties. Plaintiff takes the position that this Court’s jurisdiction as to alimony stems from the following provision of Article 2 of the State Constitution, Del. C. Ann.: “Section 18. No divorce shall be granted,…
On alimony, Caroline N. Beres, Plaintiff, v. Nicholas Beres, Defendant speaks to the Delaware dispute in this passage: "Delaware, the matter was fully briefed and argued by the parties. Plaintiff takes the position that this Court’s jurisdiction as to alimony stems from the following provision of Article 2 of the State Constitution, Del. C. Ann.: “Section 18." The surrounding opinion shows how the court applied that language to the record.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (13 Del. C. § 1512).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Delaware law makes it relevant to eligibility or amount.
- Search LawDiver for recent Delaware decisions before mediation.
- Cross-check child support interactions via the Delaware child support guide.
Key takeaways
- Delaware uses the term alimony under 13 Del. C. § 1512.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary. After dependency is shown, courts weigh statutory factors including length of marriage, earning capacity, and standard of living—no formula percentage.
- Common forms include: Temporary and permanent alimony categories under Delaware practice; rehabilitative goals often shape amount and term.
- Duration framework: Duration is fact-driven; shorter marriages tend toward rehabilitative terms.
- Permanent / indefinite support: Yes, when dependency and other § 1512 factors support an indefinite award, subject to modification.
- Companion child-support guide: Delaware child support guidelines.
Frequently asked questions
Does Delaware still award permanent alimony?
Yes, when dependency and other § 1512 factors support an indefinite award, subject to modification.
How is alimony calculated in Delaware?
Delaware leaves amount largely to judicial discretion under 13 Del. C. § 1512, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony?
Duration is fact-driven; shorter marriages tend toward rehabilitative terms. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death, remarriage, or cohabitation as defined by statute/case law; expiration of a fixed term.
Is alimony taxable?
Post-2018 federal alimony is not deductible or taxable to the recipient; Delaware follows federal treatment for those decrees.
Where can I read Delaware alimony opinions?
Open the cases linked above or search LawDiver scoped to Delaware. For support of children, see the Delaware child support guidelines guide.
Disclaimer
This article provides general information about Delaware alimony and is not legal advice. Confirm the current text of 13 Del. C. § 1512 and consult a licensed Delaware family-law attorney before acting on any rule described here.