Alimony Under Title 13, §1512
Wife (J.F.V.) v. Husband (O.W.V., Jr.), 402 A.2d 1202 (Del. 1979)
Del. Code §1519
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Tax Rule (post-2018): No deduction for payor / no taxable income for recipient.
Modification: Under §1519 (substantial change, retirement, cohabitation).
Reaffirmed the 50% durational cap under §1512(d) for marriages less than 20 years; denied permanent alimony where recipient could become self‑sufficient within 50% of marriage term.
Clarified that cohabitation triggers termination under §1519 if the relationship is marriage‑like and financially interdependent; burden shifts to payor.
Economic misconduct (intentional underemployment) allowed court to impute $85,000 annual income to payor, increasing rehabilitative alimony by 35%.
Post-retirement modification: payor age 67 granted termination of permanent alimony; retirement at reasonable age constitutes substantial change under §1519.
Under Del. Code §1519, grounds: substantial change, remarriage, cohabitation, retirement (65+). Process: petition → mediation → hearing.
For marriages under 20 years, alimony cannot exceed 50% of the marriage length (Del. Code §1512(d)). Example: 12‑year marriage = max 6 years of alimony. No cap for 20+ year marriages.
Del. Code Ann. tit. 13, §1512(d) (2024 amendment).
Yes. Under §1519, alimony terminates upon remarriage OR cohabitation on a continuing, marriage‑like basis. Payor must file a petition to terminate.
Yes. Under §1512(c), alimony is determined "without regard to marital misconduct." Only economic misconduct (hiding assets, intentional unemployment) may be considered.
Retirement at a reasonable age (typically 65+) is a substantial change allowing modification or termination under §1519. Early retirement may be denied.
For divorces finalized after Dec 31, 2018: NOT deductible for payor, NOT taxable for recipient (IRC §71 as amended). Delaware conforms.