(a) The Court may award interim alimony to a dependent party during the pendency of an action for divorce or annulment.
(b) A party may be awarded alimony only if such party is a dependent party after consideration of all relevant factors contained in subsection (c) of this section in that the party:
(1) Is dependent upon the other party for support and the other party is not contractually or otherwise obligated to provide that support after the entry of a decree of divorce or annulment;
(2) Lacks sufficient property, including any award of marital property made by the Court, to provide for such party’s own reasonable needs; and
(3) Is unable to support the party’s own self through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the party not be required to seek employment.
(c) The alimony order shall be in such amount and for such time as the Court deems just, without regard to marital misconduct, after consideration of all relevant factors, including, but not limited to:
(1) The financial resources of the party seeking alimony, including the marital or separate property apportioned to such party, and such party’s ability to meet all or part of such party’s own reasonable needs independently;
(2) The time necessary and expense required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;
(3) The standard of living established during the marriage;
(4) The duration of the marriage;
(5) The age, physical and emotional condition of both parties;
(6) Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;
(7) The ability of the other party to meet that other party’s own needs while paying alimony;
(8) Tax consequences;
(9) Whether either party has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and
(10) Any other factor which the Court expressly finds is just and appropriate to consider.
(d) A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to such party’s eligibility; however, the factors contained in subsection (c) of this section shall apply and shall be considered by the Court.
(e) Any person awarded alimony has a continuing affirmative obligation to make good faith efforts to seek appropriate vocational training, if necessary, and employment unless the Court specifically finds, after a hearing, that it would be inequitable to require a person awarded alimony to do so:
(1) At any time, due to
a. A severe and incapacitating mental or physical illness or disability or
b. Such person’s age, or
(2) Immediately, after consideration of the needs of a minor child or children living with the person awarded alimony.
(f) A party who has in writing before, during or after the marriage waived or released such party’s own right to alimony shall have no remedy under this section.
(g) Unless the parties agree otherwise in writing, the obligation to pay future alimony is terminated upon the death of either party or the remarriage or cohabitation of the party receiving alimony. As used in this section, “cohabitation” means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of remarriage or cohabitation.
13 Del. C. 1953,
§
1537;
57 Del. Laws, c. 540,
§
2;
59 Del. Laws, c. 350,
§
1;
61 Del. Laws, c. 365,
§
11;
62 Del. Laws, c. 168,
§
2;
66 Del. Laws, c. 414,
§
1;
70 Del. Laws, c. 186,
§
1;
84 Del. Laws, c. 42,
§
1;
Notes of Decisions
Gertrude L.Q. v. Stephen P.Q., 466 A.2d 1213 (Del. 1983).
“See 13 Del.C. § 1512(d) (1981). Section 1512(d) impliedly permits contractual modifications of statutory rights; otherwise, it would be mere surplusage.”
L. v. L., 305 A.2d 620 (Del. 1973).
“NOTES [*] Subsequent to the filing of this action, these sections were replaced by 13 Del.C. § 1512, 58 Del.Laws, Ch. 349 which, however, the parties agree does not change the substance.”
Fletcher v. Feutz (Del. 2021).
· cites it 9× “78 13 Del. C. § 1512(b)(3). 12 illness.79 However, this statute does not require full-time employment, and there is no rule that in every case it is appropriate to impute to a spouse full-time employment when part- time employment is the best that can be done.”
Green v. Green (Del. 2016).
· cites it 7× “6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
Solomon v. Fenimore (In Re Fenimore), 142 B.R. 101 (Bankr. D. Del. 1992).
“The statutory basis for an award of alimony in Delaware is found at 13 Del.C. § 1512. That section has been amended since the divorce decree in 1986.”
Reybold v. Reybold (Del. 2019).
· cites it 5× “6 “The standard of review for an abuse of discretion is whether the Family Court’s decision was arbitrary or capricious.”
MacIntosh v. MacIntosh (Del. 2018).
· cites it 4× “In evaluating Wife’s alimony request, the court considered the factors in 13 Del. C. § 1512(c), including the parties’ financial resources and employment, and noting Wife’s sixth-grade Korean education, lack of GED and diploma, limited English-speaking ability, and difficulty in…”
Killen v. Alben (Del. 2023).
· cites it 4× “61 Brenner thus stands for the narrow proposition that the Family Court may not award alimony in excess of the statutory limits.”
Dice Vercelli v. Ligotti (Del. 2020).
· cites it 3× “4 2 See 13 Del. C. § 1512(d) (“A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility .”
Fielder v. Fielder (Del. 2020).
· cites it 3× “After considering the evidence presented and the factors set forth in 13 Del. C. §§ 1512 and 1513, the court entered an order dividing the marital property and ordering Ex-Husband to pay alimony to Ex-Wife in the amount of $1,000 per month for seventy-five months.”
Allen v. Granger (Del. 2015).
· cites it 4× “”25 (24) Under Delaware law, a party may only be awarded alimony “if he or she is found to be dependent upon the other party after consideration of all relevant factors.”
Orbitz v. Abbott (Del. 2016).
· cites it 2× “6 We review conclusions of law de novo, but if the Family Court has correctly applied the law our standard of review is abuse of discretion.”
— 13 Del. C. § 1512(a) — 1 case
Green v. Green (Del. 2016).
“6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
— 13 Del. C. § 1512(b) — 5 cases
Reybold v. Reybold (Del. 2019).
“6 “The standard of review for an abuse of discretion is whether the Family Court’s decision was arbitrary or capricious.”
Green v. Green (Del. 2016).
“6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
Fielder v. Fielder (Del. 2020).
“After considering the evidence presented and the factors set forth in 13 Del. C. §§ 1512 and 1513, the court entered an order dividing the marital property and ordering Ex-Husband to pay alimony to Ex-Wife in the amount of $1,000 per month for seventy-five months.”
Allen v. Granger (Del. 2015).
“”25 (24) Under Delaware law, a party may only be awarded alimony “if he or she is found to be dependent upon the other party after consideration of all relevant factors.”
— 13 Del. C. § 1512(b)(2) — 1 case
— 13 Del. C. § 1512(b)(3) — 2 cases
Fletcher v. Feutz (Del. 2021).
“78 13 Del. C. § 1512(b)(3). 12 illness.79 However, this statute does not require full-time employment, and there is no rule that in every case it is appropriate to impute to a spouse full-time employment when part- time employment is the best that can be done.”
— 13 Del. C. § 1512(c) — 4 cases
Orbitz v. Abbott (Del. 2016).
“6 We review conclusions of law de novo, but if the Family Court has correctly applied the law our standard of review is abuse of discretion.”
MacIntosh v. MacIntosh (Del. 2018).
“In evaluating Wife’s alimony request, the court considered the factors in 13 Del. C. § 1512(c), including the parties’ financial resources and employment, and noting Wife’s sixth-grade Korean education, lack of GED and diploma, limited English-speaking ability, and difficulty in…”
Allen v. Granger (Del. 2015).
“”25 (24) Under Delaware law, a party may only be awarded alimony “if he or she is found to be dependent upon the other party after consideration of all relevant factors.”
— 13 Del. C. § 1512(c)(10) — 1 case
Reybold v. Reybold (Del. 2019).
“6 “The standard of review for an abuse of discretion is whether the Family Court’s decision was arbitrary or capricious.”
— 13 Del. C. § 1512(c)(7) — 1 case
Reybold v. Reybold (Del. 2019).
“6 “The standard of review for an abuse of discretion is whether the Family Court’s decision was arbitrary or capricious.”
— 13 Del. C. § 1512(d) — 5 cases
Gertrude L.Q. v. Stephen P.Q., 466 A.2d 1213 (Del. 1983).
“See 13 Del.C. § 1512(d) (1981). Section 1512(d) impliedly permits contractual modifications of statutory rights; otherwise, it would be mere surplusage.”
Green v. Green (Del. 2016).
“6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
Dice Vercelli v. Ligotti (Del. 2020).
“4 2 See 13 Del. C. § 1512(d) (“A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility .”
Killen v. Alben (Del. 2023).
“61 Brenner thus stands for the narrow proposition that the Family Court may not award alimony in excess of the statutory limits.”
— 13 Del. C. § 1512(e) — 4 cases
Fletcher v. Feutz (Del. 2021).
“78 13 Del. C. § 1512(b)(3). 12 illness.79 However, this statute does not require full-time employment, and there is no rule that in every case it is appropriate to impute to a spouse full-time employment when part- time employment is the best that can be done.”
MacIntosh v. MacIntosh (Del. 2018).
“In evaluating Wife’s alimony request, the court considered the factors in 13 Del. C. § 1512(c), including the parties’ financial resources and employment, and noting Wife’s sixth-grade Korean education, lack of GED and diploma, limited English-speaking ability, and difficulty in…”
Green v. Green (Del. 2016).
“6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
— 13 Del. C. § 1512(e)(1) — 1 case
Fletcher v. Feutz (Del. 2021).
“78 13 Del. C. § 1512(b)(3). 12 illness.79 However, this statute does not require full-time employment, and there is no rule that in every case it is appropriate to impute to a spouse full-time employment when part- time employment is the best that can be done.”
— 13 Del. C. § 1512(f) — 1 case
Green v. Green (Del. 2016).
“6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
— 13 Del. C. § 1512(g) — 4 cases
Fletcher v. Feutz (Del. 2021).
“78 13 Del. C. § 1512(b)(3). 12 illness.79 However, this statute does not require full-time employment, and there is no rule that in every case it is appropriate to impute to a spouse full-time employment when part- time employment is the best that can be done.”
Green v. Green (Del. 2016).
“6 upon the death of either party or the remarriage or cohabitation of the party receiving alimony.16 (15) Contrary to the Wife’s contentions, nothing in Section 1512 authorizes a party who is denied alimony after failing to provide evidence of dependency at an ancillary hearing…”
Dice Vercelli v. Ligotti (Del. 2020).
“4 2 See 13 Del. C. § 1512(d) (“A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility .”
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