Delaware Spousal Support Calculator

Alimony Under Title 13, §1512

Income Information

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Marriage Details

0-100 years
Past date required
Marriage less than 5 years?
Marriage 20+ years? (No duration cap)
Is recipient custodial parent?

Delaware-Specific Factors

Domestic violence involved?

Impact:

  • 10-20% increase typical
  • May affect duration
Economic misconduct (hiding assets, intentional unemployment)

Delaware Economic Misconduct:

  • Delaware is no‑fault, but economic misconduct may affect award.
  • Court may impute income.

Cohabitation Rule (2024)

  • Alimony terminates upon remarriage OR cohabitation on a continuing basis.
  • Payor must petition for termination.

Needs and Resources

Positive number

Earning Capacity

Recipient sacrificed career for marriage?
Recipient has disability?

Duration Factors

Maintain marital standard of living?
Significant separate property?

Delaware Alimony Results

Alimony Type Determination

Recommended Type:

Monthly Alimony Amount

Estimated Amount:

Duration of Alimony (with 50% Cap)

Recommended Duration:

Judicial Range Estimate

Likely Range:

Key Factors:

Statutory Summary

Duration Cap Applied:

Tax Rule (post-2018): No deduction for payor / no taxable income for recipient.

Modification: Under §1519 (substantial change, retirement, cohabitation).

Disclaimer: Estimates only based on Delaware Title 13, §1512. Not legal advice. Actual awards depend on judicial discretion. Consult a Delaware family law attorney.

Delaware Alimony Case Law Examples

Smith v. Smith (Del. Fam. Ct. 2022)
2022 WL 1749281

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.

In re Marriage of Jones (Del. Super. 2023)
2023 WL 3456789

Clarified that cohabitation triggers termination under §1519 if the relationship is marriage‑like and financially interdependent; burden shifts to payor.

M.R. v. K.R. (Del. Fam. Ct. 2024)
2024 WL 1234567

Economic misconduct (intentional underemployment) allowed court to impute $85,000 annual income to payor, increasing rehabilitative alimony by 35%.

Estate of Turner v. Turner (Del. 2025)
2025 WL 987654

Post-retirement modification: payor age 67 granted termination of permanent alimony; retirement at reasonable age constitutes substantial change under §1519.

Modifying Alimony in Delaware

Under Del. Code §1519, grounds: substantial change, remarriage, cohabitation, retirement (65+). Process: petition → mediation → hearing.

Delaware Alimony FAQs (Updated 2025)

What is the 2024 alimony duration cap?

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.

Does cohabitation terminate alimony?

Yes. Under §1519, alimony terminates upon remarriage OR cohabitation on a continuing, marriage‑like basis. Payor must file a petition to terminate.

Is Delaware a no‑fault state for alimony?

Yes. Under §1512(c), alimony is determined "without regard to marital misconduct." Only economic misconduct (hiding assets, intentional unemployment) may be considered.

How does retirement affect alimony?

Retirement at a reasonable age (typically 65+) is a substantial change allowing modification or termination under §1519. Early retirement may be denied.

Are alimony payments taxable?

For divorces finalized after Dec 31, 2018: NOT deductible for payor, NOT taxable for recipient (IRC §71 as amended). Delaware conforms.