{"id":2252,"date":"2022-05-08T07:32:00","date_gmt":"2022-05-08T12:32:00","guid":{"rendered":"https:\/\/single-parent.club\/delaware-alimony-laws-guidelines-de\/"},"modified":"2023-01-27T17:37:21","modified_gmt":"2023-01-27T23:37:21","slug":"delaware-alimony-laws-guidelines-de","status":"publish","type":"post","link":"https:\/\/single-parent.club\/delaware-alimony-laws-guidelines-de\/","title":{"rendered":"Delaware Alimony Laws and Guidelines: All About Spousal Support in “DE”"},"content":{"rendered":"

The alimony laws governing spousal support in Delaware is different from what is obtainable in other states. Read further to grasp the peculiarity of the DE alimony law.<\/span><\/p>\n

All 50 states in America are alimony states<\/a>, meaning states that have enacted laws permitting a spouse who cannot work full time or with a lower income to request payments from the other spouse to support themselves after a divorce.<\/span><\/p>\n

What is Alimony?<\/h2>\n

Also referred to as “spousal support<\/a>” or “spousal maintenance” in Diamond State, alimony is the series of payments made by one spouse (the payor spouse) to another (the supported or payee spouse) after the divorce.<\/span><\/p>\n

Before the alimony payments<\/a> commence, there has to be a written order or agreement which requires the payor to support the payee with a stipulated amount of money.<\/span><\/p>\n

This agreement eliminates any disputes in the future about why the payment was made or when it’s not made.<\/span><\/p>\n

Type of Alimony Laws Practiced in DE<\/span><\/h2>\n
\"types

Types of alimony in Delaware<\/p><\/div>\n

Delaware courts can award any of the following types of spousal support<\/a>: temporary alimony, short-term, or long-term (permanent) alimony.<\/span><\/p>\n

Temporary Alimony in Delaware<\/span><\/h3>\n

During the formal divorce proceedings, lower-earning spouses can get temporary or “interim” support to help with the transition from a two-income to a one-income household.<\/p>\n

If the judge provides interim support and the spouses have kids, the court or commissioner will also order temporary child support to help the custodial parent can fulfill the needs of the children. Interim alimony is paid until the divorce is finalized by the judge.<\/p>\n

Short-term Rehabilitative Support in DE<\/span><\/h3>\n

Short-term rehabilitative support is the most prevalent type of support in Delaware divorce cases. The goal of rehabilitative support is for the higher-earning partner to offer financial support while the receiving spouse acquires appropriate job training, education, or license in order to increase work chances.<\/p>\n

Rehabilitative alimony is limited to half the duration of the marriage. A ten-year marriage, for instance, would result in rehabilitative alimony for a maximum of five years.<\/p>\n

Long-term Alimony in Delaware<\/span><\/h3>\n

The Delaware court will allow exceptions in circumstances where custodial parents will be unable to work due to the demands of a minor child if the receiver of rehabilitative support is unable to obtain suitable training due to a disability or advanced age. (Del. Code Ann. tit. 13, \u00a7 1512 (2018).)<\/p>\n

The court may grant lifelong alimony if the recipient spouse is unable to support himself or herself. Permanent support, on the other hand, is uncommon, and Delaware law normally reserves these awards for marriages that have lasted at least 20 years.<\/p>\n

Who Pays Alimony in Delaware?<\/span><\/h2>\n

In Delaware alimony law, the spouse that makes most of the money will share that income with the other spouse. (13 Del. C. \u00a7 502<\/a>). The idea behind who pays for alimony<\/a> is to considerably level up the living standard of the dependent spouse to what it was while the marriage was on.<\/span><\/p>\n

Regarding the sex that pays, alimony in Diamond State is gender-neutral, meaning either spouse can request support from the other. As long as the alimony can be provided to the requesting spouse, then it will most likely be granted.<\/span><\/p>\n

So a husband can receive alimony<\/a> from a wife in Delaware if the above conditions are met.<\/p>\n

How Long Does Spousal Support Last in DE?<\/span><\/h2>\n
\"How

The judge will decide how long alimony payment should last in Delaware<\/p><\/div>\n

The duration to pay alimony<\/a> in Delaware can differ depending on the individual judge and circumstances. However, you should expect to pay spousal support for a duration of 80-70% of the length of the marriage lasted. So assuming you were married for 10 years, the spousal support duration will most likely be between 6 to 7 years.<\/span><\/p>\n

As provided by the alimony laws of DE, rehabilitative and permanent support stops if either spouse dies or the supported spouse remarries.<\/span><\/p>\n

How to Collect Spousal Support Arrears in Delaware<\/span><\/h3>\n

When it comes to collecting spousal support<\/a> in Delaware, you have a few choices if your ex-spouse has failed to make alimony payments as ordered by the court. Debts for spousal support are frequently given priority among debtors under US law.<\/p>\n

Factors That Influence Alimony in Delaware<\/span><\/h2>\n

The average amount payable as spousal support in Delaware after divorce is determined by various factors. But the major factor you have to understand is “the standard of living of the marriage.”<\/span><\/p>\n

To determine the final amounts for rehabilitative and permanent support in DE, the courts in DE takes into consideration the income of the spouses, plus other factors like:<\/span><\/p>\n