Spousal Support in Delaware
State-specific overview · Family Law
Delaware courts award spousal support based on 12 statutory factors with no fixed formula or duration limits.
How Delaware treats Spousal Support
Delaware law requires judges to consider factors including the length of the marriage, standard of living, each party's income and earning capacity, age, and health. The state does not prescribe a specific formula or maximum duration for spousal support; instead, judges exercise discretion based on the totality of circumstances. Support may be temporary or permanent, and courts may modify awards if circumstances change materially. Delaware courts emphasize the ability of the supported spouse to become self-supporting.
The general definition of Spousal Support
Court-ordered payments from one spouse to another, typically during or after divorce proceedings.
Spousal support, also called maintenance or alimony, is money one spouse pays to the other to help with living expenses during or after a divorce. It recognizes that one spouse may have sacrificed career opportunities during the marriage or may have lower earning potential. Courts consider factors like the length of the marriage, each spouse's income and earning ability, and their age and health when determining if support is appropriate and how much to award. Spousal support can be temporary (lasting only during the divorce process) or permanent (continuing indefinitely or for a set period).
Read the full Spousal Support entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.