Delaware's rule on modifying alimony turns on a feature the national template does not capture: Changed circumstances so substantial and continuing as to make the terms of the decree unconscionable, or the recipient’s cohabitation under § 517(b) (living with a new partner while holding out as a couple). The controlling authority is 13 Del. C. § 517. Parties may stipulate that alimony is non-modifiable; the Family Court enforces the stipulation as written. Death of either party, remarriage of the recipient, or cohabitation as defined by § 517(b) ends the obligation.
Key takeaways
- Delaware calls these payments alimony, governed for modification purposes by 13 Del. C. § 517.
- The legal standard: Changed circumstances so substantial and continuing as to make the terms of the decree unconscionable, or the recipient’s cohabitation under § 517(b) (living with a new partner while holding out as a couple).
- Prospective from the petition; accrued installments remain owed.
- Termination events: Death of either party, remarriage of the recipient, or cohabitation as defined by § 517(b) ends the obligation.
- Parties may stipulate that alimony is non-modifiable; the Family Court enforces the stipulation as written.
- File in petition to modify filed in the Family Court case — do not wait: Prospective from the petition; accrued installments remain owed.
- Companion reading: Delaware alimony guide and how to modify child support in Delaware.
Worked example under Delaware law
The illustration below uses only rules already stated for Delaware. It is a research hypothetical, not a prediction of what a court will do.
A former spouse in Delaware asks to change periodic alimony after retirement or a drop in income.
- File a petition to modify filed in the Family Court case.
- Match the facts to the Delaware standard: Changed circumstances so substantial and continuing as to make the terms of the decree unconscionable, or the recipient’s cohabitation under § 517(b) (living with a new partner while holding out as a couple).
- Check whether this award can be modified at all: Parties may stipulate that alimony is non-modifiable; the Family Court enforces the stipulation as written.
- If the request is to end support, prove a trigger: Death of either party, remarriage of the recipient, or cohabitation as defined by § 517(b) ends the obligation.
Prospective from the petition; accrued installments remain owed. The forum is the Delaware Family Court or the Division of Child Support Enforcement (DCSE).
The legal standard in Delaware
Changed circumstances so substantial and continuing as to make the terms of the decree unconscionable, or the recipient’s cohabitation under § 517(b) (living with a new partner while holding out as a couple).
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when alimony was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Death of either party, remarriage of the recipient, or cohabitation as defined by § 517(b) ends the obligation.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
Cohabitation and remarriage
Death of either party, remarriage of the recipient, or cohabitation as defined by § 517(b) ends the obligation.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. Delaware procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Step-by-step: how to file
- Read the decree and any incorporated agreement. Parties may stipulate that alimony is non-modifiable; the Family Court enforces the stipulation as written. Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to a petition to modify filed in the Family Court case. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Prospective from the petition; accrued installments remain owed.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — Delaware judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
When the change takes effect
Prospective from the petition; accrued installments remain owed.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
Parties may stipulate that alimony is non-modifiable; the Family Court enforces the stipulation as written.
Common traps:
- Lump-sum or property-division awards styled as alimony are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how Delaware courts decide alimony modification
These LawDiver opinions show how Delaware appellate courts weigh changed circumstances, retirement, and cohabitation:
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…
On alimony modification, G. SOLIS, Respondent-Appellant, v. K. TEA, Petitioner-Appellee and Cross-Appellant speaks to the Delaware dispute in this passage: "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." The surrounding opinion shows how the court applied that language to the record.
A.M. SMITH, Petitioner, v. A. SMITH, Respondent
A.M. SMITH, Petitioner, v. A. SMITH, Respondent, 1983 Del. Fam. Ct. LEXIS 41 (1983)
…d consider the income from such pension in making awards of alimony and child support. On the basis of that holding the Court awarded to the Wife 60% of the marital assets (ex- *713 eluding the military pension), 50% of the Husband’s future Post Office pension earned during marriage “if, as and when received”, and $600 per month undifferentiated alimony and child support. Altho…
On alimony modification, A.M. SMITH, Petitioner, v. A. SMITH, Respondent speaks to the Delaware dispute in this passage: "Court awarded to the Wife 60% of the marital assets (ex- *713 eluding the military pension), 50% of the Husband’s future Post Office pension earned during marriage “if, as and when received”, and $600 per month undifferentiated alimony and child support." The surrounding opinion shows how the court applied that language to the record.
GERTRUDE L.Q., Respondent-Appellant, v. STEPHEN P.Q., Petitioner-Appellee
…tice: This is an appeal of a Family Court order terminating alimony to the appellant-wife pursuant to a stipulated agreement to pay alimony unless the wife cohabited with an unrelated adult male. Viewing the alimony agreement as a contract between the husband and the wife, we enforce the contract by giving the term “cohabit” its ordinary and accepted meaning. Thus, we affirm. I…
On alimony modification, GERTRUDE L.Q., Respondent-Appellant, v. STEPHEN P.Q., Petitioner-Appellee speaks to the Delaware dispute in this passage: "This is an appeal of a Family Court order terminating alimony to the appellant-wife pursuant to a stipulated agreement to pay alimony unless the wife cohabited with an unrelated adult male." The surrounding opinion shows how the court applied that language to the record.
Saunders-Gomez v. Rutledge Maintenance Corportation
Saunders-Gomez v. Rutledge Maintenance Corportation (2017)
…anything in the record to suggest that the Trial Court’s determination was arbitrary or capricious Further, it appears that, to the extent Appellant opposed the award of attorney’s fees, she opposed it on the basis that the Trial Court incorrectly decided the case, a different issue than the reasonableness of the fees themselves The Court affirms the decision to award attorney…
Practitioners open Saunders-Gomez v. Rutledge Maintenance Corportation when Delaware alimony modification turns on the distinction in this sentence: "anything in the record to suggest that the Trial Court’s determination was arbitrary or capricious Further, it appears that, to the extent Appellant opposed the award of attorney’s fees, she opposed it on the basis that the Trial Court incorrectly decided the case, a different is" Do not lift it out of the facts the court was deciding.
Practical checklist before you file
- Identify which type of alimony your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under 13 Del. C. § 517.
- Search LawDiver for recent Delaware appellate decisions before filing.
Frequently asked questions
Can alimony be modified in Delaware?
Yes, in most cases. Changed circumstances so substantial and continuing as to make the terms of the decree unconscionable, or the recipient’s cohabitation under § 517(b) (living with a new partner while holding out as a couple).
Does retirement end alimony in Delaware?
Retirement can support modification where it produces a genuine, good-faith reduction in ability to pay, but it is not automatic. Delaware courts weigh the timing, health, and foreseeability of the retirement under 13 Del. C. § 517.
Does my ex's cohabitation stop alimony?
Death of either party, remarriage of the recipient, or cohabitation as defined by § 517(b) ends the obligation. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless Delaware's statute makes termination automatic on remarriage).
Can alimony be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can Delaware courts modify alimony retroactively?
Prospective from the petition; accrued installments remain owed.
What if my alimony was set by agreement?
Parties may stipulate that alimony is non-modifiable; the Family Court enforces the stipulation as written. Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How Delaware calculates child support
- Delaware alimony / alimony guide
- How to modify alimony in Delaware
- How to modify child support in Delaware
Disclaimer
This guide is general legal information about modifying alimony in Delaware, not legal advice. Statutes and case law change. Confirm the current text of 13 Del. C. § 517 and consult a licensed Delaware family-law attorney about your decree before filing or changing payments.