Delaware Alimony Laws: How Spousal Support Works (2026)

Delaware alimony is governed by 13 Del. C. section 1512. Courts have full discretion over whether to award support and how much to award, but eligibility requires meeting a three-part dependent-spouse threshold. For marriages under 20 years, alimony is capped at 50 percent of the length of the marriage.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Delaware alimony calculator to estimate spousal support and see the factors a Delaware court weighs.

What is alimony in Delaware?

Alimony in Delaware is a court-ordered payment from one spouse to the other following a divorce or annulment. The governing statute is 13 Del. C. section 1512, which sets out who qualifies, how courts set amounts, how long support may last, and when it terminates.

Delaware treats alimony as separate from property division. Under section 1513 the court divides marital property; under section 1512 it decides whether either spouse needs ongoing income support. Receiving a property award does not disqualify a spouse from alimony, though the property awarded is one of the factors the court weighs.

Delaware courts have broad discretion once the threshold is met. The statute provides a list of factors for setting the amount but no formula, no percentage of income rule, and no presumptive duration chart. Each case turns on its own facts.

The dependent-spouse threshold: who qualifies for alimony in Delaware

Not every divorcing spouse is eligible for alimony in Delaware. Under 13 Del. C. section 1512(b), a party qualifies only if they meet all three of the following conditions at the time of the divorce.

First, financial dependency. The party seeking alimony must be dependent on the other spouse for support, and the other party must not be contractually or otherwise obligated to provide that support after the divorce is entered.

Second, insufficient property. The party must lack sufficient property, including any share of marital property awarded by the court in the property division, to provide for their own reasonable needs. A spouse who receives a large enough property settlement that can meet their needs may not qualify for additional alimony.

Third, inability to be self-supporting. The party must be unable to support themselves through appropriate employment, or must be the custodian of a child whose condition or circumstances make it appropriate that the party not be required to seek employment. This prong covers both spouses who genuinely cannot find or hold appropriate work due to age, health, or limited skills, and spouses who are primary caregivers for children with significant needs.

A court must find all three elements present before it may order alimony. If any element is missing, alimony is not available, regardless of the length of the marriage or the income gap between the spouses.

The 50-percent duration limit and the 20-year exception

One of the most important and distinctive features of Delaware alimony law is a hard statutory cap on duration for most marriages. Under 13 Del. C. section 1512(d), a person is not entitled to receive alimony for a period exceeding 50 percent of the length of the marriage.

A few examples illustrate how this works. A marriage of 10 years produces a maximum alimony period of 5 years. A marriage of 6 years produces a maximum of 3 years. A marriage of 15 years produces a maximum of 7.5 years. The court may order a shorter period if the circumstances warrant it, but it may not order a longer period for marriages under the 20-year threshold.

The statute provides one significant exception: if the parties were married for 20 years or longer, there is no time limit on the period of alimony eligibility. The court retains discretion to order a limited-term or indefinite award, but the 50-percent cap does not apply. Long-term marriages where one spouse has been out of the workforce for many years or faces serious health limitations are the most common situations in which indefinite alimony is awarded under this exception.

The duration limit applies to eligibility, not to automatic termination. An award that runs to the maximum allowed period still terminates earlier if a termination event under section 1512(g) occurs first, such as the recipient's remarriage or death.

How Delaware courts decide the amount of alimony

Delaware does not use a formula to calculate alimony. Under 13 Del. C. section 1512(c), the court considers all relevant factors when setting the amount. The statute lists ten specific factors as guides, though the list is not exhaustive.

The ten enumerated factors are:

1. The financial resources of the party seeking alimony, including the marital or separate property apportioned to that party, and that party's ability to meet their own reasonable needs independently.
2. The time and expense necessary to acquire education or training for appropriate employment.
3. The standard of living established during the marriage.
4. The duration of the marriage.
5. The age, physical condition, and emotional condition of both parties.
6. Any financial or other contribution either spouse made to the other's education, training, vocational skills, career, or earning capacity during the marriage.
7. The ability of the spouse from whom alimony is sought to meet their own needs while also meeting the needs of the spouse seeking alimony.
8. The tax consequences to each party of the alimony arrangement.
9. Whether either party postponed economic, educational, or employment opportunities during the marriage.
10. Any other factor the court finds just and appropriate.

Because there is no formula, the amount the court orders can vary widely. A judge who weighs a long career gap, a significant income disparity, and poor health prospects for the recipient may order a higher monthly amount than a judge facing a shorter career gap and a younger, healthier recipient. Parties who cannot reach an agreement on amount will need a hearing at which both financial profiles are presented.

When alimony ends in Delaware

Under 13 Del. C. section 1512(g), the obligation to pay alimony terminates on the occurrence of any of three events.

Death of either party. If either the paying spouse or the receiving spouse dies, alimony ends. The obligation does not survive as a charge against the payor's estate unless the divorce agreement expressly provides otherwise.

Remarriage of the recipient. If the spouse receiving alimony remarries, the obligation to pay ends automatically. The payor does not need to file a court motion to stop payments; the remarriage itself extinguishes the obligation.

Cohabitation of the recipient. Delaware's statute defines cohabitation specifically. Under section 1512(g), cohabitation means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, regardless of whether the relationship confers a financial benefit on the party receiving alimony. This definition is broader than a simple roommate arrangement. The critical elements are regular cohabitation and presenting as a couple. The financial impact on the recipient is irrelevant; if the recipient is living with a romantic partner and they hold themselves out as a couple, alimony ends even if the new partner contributes nothing to the recipient's expenses.

Orders entered for a fixed term under the 50-percent duration rule also end when the specified period expires, even if none of the three termination events has occurred.

Is alimony taxable, and how it differs from Delaware child support

Federal tax treatment after 2018. The Tax Cuts and Jobs Act of 2017 changed the federal tax treatment of alimony for all divorce or separation agreements finalized on or after January 1, 2019. Under current federal law, alimony paid under a post-2018 agreement is not deductible by the payor and is not includable in the recipient's gross income. For agreements finalized before January 1, 2019, the prior rules still apply: the payor deducts payments and the recipient reports them as income. Delaware's income tax conforms to the federal treatment for the same year, so the identical cutoff applies at the state level.

Alimony vs. child support in Delaware. Delaware child support is calculated under 13 Del. C. section 514 using the Melson Formula, a specific income-shares model that produces a dollar figure based on both parents' net incomes and the children's primary needs. Alimony under section 1512 has no comparable formula. Child support payments are never deductible for the payor and are never taxable income for the recipient, under both federal and state law, regardless of the date of the divorce. Child support ends when the child reaches majority or another statutory trigger; alimony may continue beyond that point subject to the duration rules described above. For more on how Delaware calculates child support, see Delaware child support laws.

For a comparison of how other states handle spousal support, see the alimony laws by state overview.

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Legal Disclaimer: This article provides general legal information about Delaware alimony law and is not legal advice. Alimony determinations are highly fact-specific and depend on the circumstances of each case. Delaware alimony law can change. Consult a licensed Delaware family law attorney for advice about your particular situation.

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Sources

• 13 Del. C. section 1512 (Alimony), Delaware Code, Delaware General Assembly, https://delcode.delaware.gov/title13/c015/index.html
• 13 Del. C. section 514 (Child support; Melson Formula), Delaware Code, Delaware General Assembly, https://delcode.delaware.gov/title13/c005/index.html
• Delaware Family Court, Divorce and Annulment, Delaware Courts, https://courts.delaware.gov/family/
• Internal Revenue Service, Topic No. 452: Alimony and Separate Maintenance, https://www.irs.gov/taxtopics/tc452

Last updated: June 1, 2026.