Alimony and spousal support lawyer in Wilmington, Delaware

When a divorce leaves one spouse at a financial disadvantage, alimony can help bridge the gap. Suzanne explains where you are likely to stand.

Suzanne I. Seubert
Suzanne I. SeubertAttorney at Law
302.661.0400 Request a consultation

Who qualifies for alimony in Delaware?

Alimony in Delaware is based on need and ability to pay. A spouse may qualify if they depend on the other spouse, lack enough property or income to meet reasonable needs, and cannot support themselves through appropriate work.

The court weighs factors such as the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage.

How long does alimony last?

Delaware ties the length of alimony to the length of the marriage. For a marriage of less than 20 years, alimony generally cannot last longer than half the length of the marriage. For a marriage of 20 years or more, there is no set time limit.

Separate interim support may also be available while the divorce is pending.

Alimony is not automatic. A spouse must request it and show that the legal requirements are met. Suzanne can assess how the factors apply to you.

Can alimony be changed or ended?

Yes. Alimony can be modified when there is a real change in circumstances, and it generally ends on the remarriage of the receiving spouse, on cohabitation in some cases, or on death. Suzanne handles modifications and enforcement as situations change.

How Suzanne helps

Whether you may pay or receive support, Suzanne gives you a clear, honest read on your situation. Call 302.661.0400 to talk.

Common questions

Is alimony guaranteed in a Delaware divorce?

No. Alimony must be requested and supported by evidence of need and the other spouse's ability to pay.

How does alimony affect taxes?

For agreements made after 2018, alimony is generally not deductible by the payer or taxed to the recipient under federal law.