Delaware Spousal Support Calculator
Estimate alimony under 13 Del. C. § 1512: the dependent-party test, the 50% duration limit, the 20-year rule and termination events

Delaware has no alimony formula. A court may award interim alimony to a dependent party while a divorce or annulment is pending, and may award alimony at the end of the case only to a party who is a dependent party (13 Del. C. § 1512(a), (b)). The order is in the amount and for the time the court considers just, without regard to marital misconduct, after considering all relevant factors (§ 1512(c)).

A party may be awarded alimony only if, after considering the § 1512(c) factors, the party (1) is dependent on the other party for support and the other party is not contractually or otherwise obligated to provide that support after the decree; (2) lacks sufficient property, including any award of marital property, to provide for reasonable needs; and (3) is unable to support themselves through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that they not be required to seek employment (§ 1512(b)).

Section 1512(c) lists: the financial resources of the party seeking alimony, including marital or separate property apportioned to them, and their ability to meet reasonable needs independently; the time necessary and expense required to acquire education or training; the standard of living during the marriage; the duration of the marriage; the age, physical and emotional condition of both parties; any financial or other contribution to the education, training, vocational skills, career or earning capacity of the other party; the ability of the other party to meet their needs while paying alimony; tax consequences; whether either party foregone or postponed economic, education or other employment opportunities during the marriage; and any other factor the court expressly finds just and appropriate.

A person is eligible for alimony for a period not to exceed 50% of the term of the marriage. If a party is married for 20 years or longer, there is no time limit on eligibility, although the § 1512(c) factors still apply and the court considers them (§ 1512(d)). For example, a 10-year marriage allows up to 5 years of alimony, and a 6.5-year marriage allows up to 39 months. The Delaware Supreme Court's February 2026 order in Parks v. Carver noted the Family Court's use of a 39-month alimony period for a marriage that began in April 2017 and ended with a petition in October 2023.

Unless the parties agree otherwise in writing, the obligation to pay future alimony ends on the death of either party or the remarriage or cohabitation of the party receiving alimony, and the recipient must promptly notify the other party of remarriage or cohabitation (§ 1512(g)). Section 1519(b) similarly ends alimony on death or remarriage unless agreed otherwise in writing and expressly provided in the decree. A party who has waived alimony in writing, before, during or after the marriage, has no remedy under § 1512 (§ 1512(f)).

Section 1512(g) defines cohabitation as 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. Proof of sexual relations is admissible but not required. Unlike in many states, the statute does not require a showing that the relationship changed the recipient's finances.

The alimony order is made without regard to marital misconduct (§ 1512(c)), so adultery and similar conduct do not change eligibility, amount or duration. Financial misconduct, such as wasting marital money, is more likely to be addressed in the property division or under the catch-all factor in § 1512(c)(10). Ask an attorney how it would apply to your facts.

An order awarding alimony may be modified or terminated only upon a showing of a real and substantial change of circumstances (§ 1519(a)(4)), and the Family Court enforces alimony orders and may modify or terminate them (§ 1519(c)). The standard does not apply the same way to a stipulated alimony agreement: in Terro-Edmon v. Edmon (Del. 2020), the Supreme Court noted its earlier holding in Rockwell v. Rockwell, 681 A.2d 1017 (Del. 1996), that an alimony agreement is governed by contract principles. A recipient also has a continuing duty to make good-faith efforts to seek appropriate vocational training and employment unless the court finds after a hearing that it would be inequitable, such as for a severe disability, age, or the needs of a minor child (§ 1512(e)). Keep paying until a court order or a termination event applies.

For divorce or separation agreements executed after December 31, 2018, alimony is not deductible by the payor and not taxable income to the recipient for federal income tax purposes, under the Tax Cuts and Jobs Act of 2017. Instruments executed on or before December 31, 2018 keep the old federal treatment unless a later modification expressly adopts the new rules. Tax consequences are also a § 1512(c) factor. Ask a tax professional how your Delaware return treats alimony.

It follows the statute. It first tests the dependent-party requirements in § 1512(b) from your answers. It then applies the 50% limit to your marriage length, or shows that there is no limit at 20 years or more, and illustrates an amount from the recipient's need (counted expenses minus income) and the payor's ability to pay (income minus expenses and child support), taking the smaller figure. It lists your answers against the § 1512(c) factors.

Delaware has no formula, so the amount is an illustration only. It does not predict an award. A judge weighs every factor.