DE STATE GUIDE · INITIAL RESEARCH
Delaware Alimony and Spousal Support: State Guide
Delaware uses the term “alimony.” Delaware has statutory eligibility requirements for post-divorce alimony. A person generally must meet the code’s definition of a dependent party, lack sufficient property to meet reasonable needs, and meet the statute’s self-support or caregiving conditions.
Quick orientation. If eligible, the court considers statutory factors such as resources, marriage duration, age and condition, standard of living, earning capacity, education, contributions, tax consequences, and ability of the other party to pay. Delaware’s statute also addresses duration limits and exceptions.
LOCAL NEXT STEPS · DELAWARE
Prepare for a local conversation.
Organize financial records with the preparation checklist. For legal help near you, use the ABA referral directory or search the LSC legal-aid locator by city or address. Providers set their own service areas, eligibility, and availability.
Terminology: People may say “alimony,” while state statutes and courts may use terms such as “maintenance” or “spousal support.” This guide uses the terminology found in the cited source; court documents and local practice should be checked directly.
How Delaware law approaches support
Delaware has statutory eligibility requirements for post-divorce alimony. A person generally must meet the code’s definition of a dependent party, lack sufficient property to meet reasonable needs, and meet the statute’s self-support or caregiving conditions.
If eligible, the court considers statutory factors such as resources, marriage duration, age and condition, standard of living, earning capacity, education, contributions, tax consequences, and ability of the other party to pay. Delaware’s statute also addresses duration limits and exceptions.
Duration, modification, and termination
Section 1512 includes a general time-based eligibility limit tied to marriage duration, with an exception for marriages of at least 20 years. This is a legal eligibility rule, not a guarantee of an award for that period. Modification and termination are governed by other provisions and the order.
Do not stop, change, or withhold court-ordered payments based on a general website summary. A court order, approved agreement, or required court process may control.
Questions to take to a Delaware attorney
- Which current statute and court rules apply to my Delaware case?
- Is the issue temporary support, final support, a private agreement, or modification of an existing order?
- What financial records and evidence are most important under the factors described above?
- How do the property division, child-related responsibilities, and each person’s earning capacity affect the analysis?
- What event or legal standard could change or end the specific order?
Official sources and research scope
The following sources are starting points for reviewing the current legal text. Read the full provision, connected rules, amendments, and effective dates that apply to the case.
This page summarizes selected law for general education. It is not a complete explanation of Delaware law and does not predict a court result.
Content status: Initial education-only research summary, not reviewed by a Delaware-licensed attorney. Sources checked October 17, 2026. Verify current statutes, court rules, and effective dates before relying on this page.
Sources checked October 17, 2026 · Read the disclaimer