Delaware keeps alimony focused on one core question: is one spouse genuinely dependent on the other, and can that spouse realistically become self-supporting? If the answer to both halves is yes, a Delaware Family Court judge has the tools to award support—either while the divorce is still pending or as a final order. Here is what Delaware law actually says, in plain language.
The Three-Part Eligibility Test
Under Delaware law, alimony is available only to a "dependent party." To qualify, that person must meet all three of the following conditions: 13 Del. C. § 1512(b)
They are actually dependent on the other spouse for support.
They lack enough property—including any marital property the court awards them in the divorce—to cover their reasonable needs.
They either cannot support themselves through appropriate employment, or they are the custodian of a child and that child's situation makes working outside the home inappropriate.
All three prongs matter. A spouse who has substantial assets or a steady income is unlikely to qualify even if the marriage was long. Conversely, a spouse who left the workforce to raise children and has limited current job skills may clear the bar even without any showing of fault by the other side.
Interim Alimony: Support While the Case Is Still Open
You do not have to wait for a final divorce decree to get financial help. Delaware law specifically allows a court to award interim alimony to a dependent party during the pendency of the divorce or annulment action. 13 Del. C. § 1512(a) This can be critical if one spouse controls most of the household income and the other needs funds for living expenses or to participate meaningfully in the case while it moves through the court.
How Long Can Alimony Last?
This is where Delaware draws a firm, math-based line. Alimony eligibility cannot exceed 50 percent of the length of the marriage—with one important exception: if the marriage lasted 20 years or longer, there is no statutory time limit on eligibility at all. 13 Del. C. § 1512(d)
What that means in practice:
A marriage shorter than 20 years: eligibility is capped at half the marriage's length.
A marriage of 20 years or more: no automatic cap—duration is left to the court's discretion based on all the relevant factors.
These are eligibility ceilings, not guarantees. A judge can award less time—or deny alimony altogether—based on the circumstances of the case.
How Judges Decide the Amount and Duration
Delaware courts consider all relevant factors when deciding how much alimony to award and for how long. The statute identifies the following: 13 Del. C. § 1512(c)
The financial resources of the spouse seeking alimony
The time and expense needed for that spouse to get education or training for appropriate employment
The standard of living established during the marriage
The length of the marriage
The age and physical and emotional condition of both parties
One spouse's contributions to the other's education, career, or earning power
The paying spouse's ability to meet their own reasonable needs while paying alimony
The tax consequences of alimony for both parties
Any economic opportunities either party gave up during the marriage
Any other factor the court finds just and appropriate
No single factor controls the outcome. A short marriage where both spouses are healthy and employed looks very different from a long marriage where one spouse set aside a career to raise children. Delaware judges are expected to weigh the complete picture.
The Obligation to Work
Receiving alimony in Delaware comes with a meaningful and continuing duty. The law places an affirmative obligation on any person awarded alimony to make good-faith efforts to seek vocational training and appropriate employment. 13 Del. C. § 1512(e) A judge can only waive this requirement after a hearing where the court specifically finds that imposing it would be inequitable—for example, because of a serious health condition or caregiving demands that make employment genuinely impractical.
This is not a technicality. If you are collecting alimony and you stop looking for work without a court order excusing that duty, you may face a motion to reduce or terminate your support.
When Alimony Ends Automatically
Unless the parties have agreed in writing to different terms, Delaware law terminates future alimony automatically when any of the following occurs: 13 Del. C. § 1512(g)
You don't have to figure this out aloneA real person who knows the law can talk it through with you, whenever you are ready. Talk It Through →✓ An ad we trust
Either party dies
The receiving spouse remarries
The receiving spouse cohabitates with another adult
Delaware defines cohabitation specifically: regularly residing with another adult and holding yourself out as a couple—regardless of whether that arrangement actually saves you money. The financial benefit (or lack of it) does not matter; the nature of the relationship does.
Time-sensitive note: If you are the paying spouse and you believe the receiving spouse has remarried or begun cohabitating, document it promptly and file a motion with the Family Court. Simply stopping payment on your own—without a court order confirming termination—can expose you to an arrearage claim.
Can an Alimony Order Be Changed After the Divorce?
Yes, but the standard is intentionally high. An alimony order can be modified or terminated only upon a showing of a real and substantial change of circumstances since the original order was entered. 13 Del. C. § 1519(a)(4) Job loss, a serious illness, retirement, or a significant change in the receiving spouse's income can all qualify—but a modest fluctuation in earnings probably will not. Both parties can seek modification: the payer can ask for a reduction, and the recipient can ask for an increase, if circumstances genuinely and substantially shift.
Waiving Alimony Before or During the Marriage
Delaware law allows spouses to waive alimony entirely through a written agreement. If a party has signed a written document—a prenuptial agreement entered before the marriage, an agreement made during the marriage, or a postnuptial or separation agreement made afterward—that waives or releases the right to alimony, the court cannot award it. 13 Del. C. § 1512(f) If you signed any such agreement, review it carefully before assuming alimony is available to you.
Bankruptcy Cannot Erase Alimony
If the paying spouse files for bankruptcy, alimony is protected under federal law. Alimony qualifies as a "domestic support obligation," which means it cannot be discharged (wiped out) in bankruptcy and is treated as a top-priority claim ahead of most other unsecured debts. 11 U.S.C. §§ 507(a)(1), 523(a)(5) Separately, debts owed to an ex-spouse under a property settlement in a divorce decree are also generally non-dischargeable in a Chapter 7 bankruptcy. 11 U.S.C. § 523(a)(15) A bankruptcy filing by your ex does not let them walk away from a court-ordered alimony obligation.
What You Can Do in Delaware
Gather financial records now. Both parties will need to document income, assets, debts, and living expenses. Collect pay stubs, tax returns, bank statements, and property records before filing.
Check for any written agreements. Search for prenuptial, postnuptial, or separation agreements that may address alimony. A written waiver signed by either party is legally binding and closes the door to alimony claims.
Ask about interim alimony early. If you need financial support while the divorce is pending, raise the issue at the outset of the case. Waiting for a final hearing can leave a dependent spouse without income for months.
Document your employment efforts. If you are receiving or seeking alimony, keep a detailed record of job searches, applications, interviews, and any vocational training you pursue. This record satisfies the good-faith employment obligation and protects you if the paying spouse later argues you have stopped trying.
Monitor cohabitation and remarriage dates carefully. If you are the paying spouse, be aware that your obligation may terminate automatically on the other spouse's remarriage or cohabitation—but you typically need to file with the Family Court to stop payments. Do not simply stop paying without court confirmation; unpaid amounts may be treated as arrears.
File a modification motion promptly if your circumstances change significantly. Modifications generally take effect going forward—they do not undo arrears that have already accrued. Acting quickly matters.
Confirm procedures with a Delaware Family Court resource or licensed attorney. Filing fees, local court procedures, and deadlines are not covered in this article and can change. The Delaware Family Court's self-help center and the Delaware State Bar Association's Lawyer Referral Service are starting points for procedural guidance.
This article is general legal information, not legal advice; your situation may differ, and you should confirm specifics with a licensed Delaware attorney or the Delaware Family Court.
Frequently asked questions
Does Delaware require proof of fault—such as adultery or abuse—to qualify for alimony?
No. Delaware's alimony statute bases eligibility on the three-part financial dependency test in 13 Del. C. § 1512(b)—actual dependency, insufficient property, and inability to self-support—not on which spouse caused the breakdown of the marriage. Fault is not listed as a criterion.
What exactly counts as cohabitation that ends alimony in Delaware?
Under 13 Del. C. § 1512(g), cohabitation means regularly residing with another adult and holding yourself out as a couple. The law expressly states that a financial benefit to the receiving spouse is not required—the nature of the relationship is what matters.
Can my ex-spouse stop paying alimony by filing for bankruptcy?
No. Federal law classifies alimony as a domestic support obligation that cannot be wiped out in bankruptcy, and it is given top priority among unsecured claims. See 11 U.S.C. §§ 507(a)(1) and 523(a)(5).
How do I get an alimony order changed after the divorce is final?
You must demonstrate to the court a real and substantial change of circumstances since the order was entered. 13 Del. C. § 1519(a)(4). Minor income fluctuations are unlikely to meet that standard; significant events such as job loss, serious illness, or retirement are more likely to qualify.
If I signed a prenuptial agreement waiving alimony, can I still ask the court for it?
No. Under 13 Del. C. § 1512(f), a written waiver or release of alimony rights—whether in a prenuptial agreement, an agreement made during the marriage, or a postnuptial agreement—eliminates your right to seek alimony in Delaware.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
