Protecting Your Interests In Alimony And Spousal Support Issues
When a marriage ends in divorce, one household becomes two. If there is significant financial disparity between the ex-spouses, it may be appropriate for one spouse to provide support payments to the other.
While the terms alimony and spousal support are often used interchangeably, they serve different purposes under Delaware law:
- Alimony is support paid after the divorce is final
- Spousal support is support paid while the divorce is pending
Along with marital property division, alimony is one of the key financial aspects of divorce and will play a significant role in shaping your post-divorce future. The Law Office of Shauna T. Hagan, LLC, in Wilmington, has extensive experience protecting the rights of people facing divorce in Delaware. We will provide you with skilled representation in alimony issues and other divorce-related matters.
How Is Alimony Determined?
A family court will take many factors into consideration when determining if alimony should be awarded. Some of those factors include:
- The length of the marriage
- The age, health and earning ability of each spouse
- The standard of living enjoyed during the marriage
- Contributions one spouse made toward the education and vocational training of the other
We draw upon our deep knowledge of Delaware divorce statutes to seek alimony arrangements that protect our clients’ interests. Whether you are seeking alimony or spousal support or your ex-spouse is seeking it from you, we will provide you with strong representation designed to maximize your financial position after divorce.
Forms Of Alimony Available In Delaware
Delaware offers different forms of support to address a spouse’s financial needs during and after divorce.
Interim alimony is temporary support awarded while a divorce is pending. It helps the lower-earning spouse maintain stability and meet essential expenses until the divorce concludes, at which point the support ends.
Post‑divorce alimony is support awarded after a marriage ends. Within this category, courts often issue time‑limited support to help a spouse work toward financial independence. This is often referred to as rehabilitative alimony and may be awarded when a spouse needs time, training or education to reenter the workforce.
Longer-term alimony may be granted when a spouse cannot reasonably become self‑supporting due to age or health issues. Although less common, this form of support is available when the circumstances justify ongoing assistance.
How Long Alimony May Last In Delaware
The duration of alimony depends on statutory factors that guide the court’s analysis. Delaware law focuses on fairness, the financial needs of the recipient and the ability of each spouse to maintain a reasonable standard of living after divorce.
Shorter marriages often lead to shorter support periods because the spouses have had less time to build financial interdependence. Longer marriages may justify extended support, particularly when one spouse relied heavily on the other’s income or spent many years outside the workforce.
The court also considers earning capacity, health, the standard of living during the marriage and the time needed for the recipient to become self‑supporting. Delaware generally limits alimony to no more than 50 percent of the length of the marriage unless the marriage lasted 20 years or more, in which case there is no statutory time limit on eligibility.
Delaware Alimony Modification And Termination
Alimony may be changed or ended when circumstances shift in a significant way. Delaware courts require a material change in financial or personal conditions before modifying an existing order.
A substantial increase or decrease in income, job loss or unexpected medical issues may justify altering the amount or duration of support. Remarriage of the recipient automatically terminates alimony. Recipient cohabitation with a new partner may also terminate the support order if it alters their financial needs.
Our team can help you present a compelling case for modifications or fight against them when they do not serve your best interests.
We Are Here To Protect Your Financial Future
To learn how we can protect your financial interests in all divorce-related matters, contact our law firm online or by telephone at (302) 321-6489.