Del. C. » Title 13 — · CHAPTER 5. Desertion and Support · Domestic Relations
Delaware Code

13 Del. C. § 502 (2026)

Duty to support spouse

✓ current as of May 2026
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The duty to support a spouse rests upon the other spouse.

Code 1852, §§  850-853, 1468, 1472;  26 Del. Laws, c. 137;  27 Del. Laws, c. 262, §  13;  Code 1915, §§  1463, 3033, 3061;  37 Del. Laws, c. 189, §  8;  Code 1935, §§  1634, 3526, 3548;  13 Del. C. 1953, §  501;  50 Del. Laws, c. 207, §  1;  59 Del. Laws, c. 567, §  1; 
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1955–2024 · leading case: State v. Grace, 286 A.2d 754 (Del. 1971).
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State v. Grace, 286 A.2d 754 (Del. 1971). · cites it 3× “Grace was charged in the Family Court of Kent County under 13 Del.C. § 502 with willfully neglecting his illegitimate child.”
Scribner v. Chonofsky, 310 A.2d 924 (Del. Ch. 1973). · cites it 2× “This action was filed the next day, on January 11, 1972 on the theory that the Plaintiff no longer had an adequate remedy at law since the Family Court only had authority through the criminal statute, 13 Del.C. § 502, to require support from a father up to the eighteenth…”
Wright v. Wright, 164 A.2d 317 (Del. 1960). · cites it 2× “13 Del.C. § 502. Thus, says defendant, a child entitled to support is defined by these acts to be a child under eighteen years of age, and the act of 1943, embodying the common law rule, is therefore impliedly repealed, at least to the extent that it extends the duty to support…”
Stat v. Porter, 314 A.2d 172 (Del. 1973). · cites it 2× “The Superior Court granted the motion to dismiss on the ground that an action for support such as this cannot be brought unless an attempt is made, prior to bringing the action, to seek support under 13 Del.C. §§ 502 and 702. There was no allegation in the complaint that any…”
Spruance v. Spruance, 113 A.2d 877 (Del. Ch. 1955). “But defendant points to 13 Del.C. § 502(a) which makes a father guilty of a misdemeanor if he fails to provide support for his children "under the age of 18 years".”
Toy v. Cherico, 367 A.2d 651 (Del. Super. Ct. 1976). · cites it 3× “2d 172 (1973) in which the Supreme Court held that compliance with 13 Del.C. § 502 and § 702 was not a prerequisite or bar to an action by a stepfather for reimbursement for child *652 support from the father of a minor child.”
State Ex Rel. Colatriano v. Colatriano, 301 A.2d 531 (Del. Super. Ct. 1972). “13 Del.C. § 502. Defendant was convicted of non-support in May, 1969, and of “contempt” in January, 1972, more than a year and one-half after the original action.”
Rafal v. United States, 267 F. Supp. 61 (D. Del. 1967). “First, there is the quasi-criminal non-support proceeding authorized by 13 Del.C. §§ 502, 503, and 504 over which the Family Court in New Castle County has jurisdiction.”
Shaw v. McDonald (Del. 2024). · cites it 2× “Applying 13 Del. C. §§ 502, 506, and 514, the court determined that there was just cause to deny Wife’s petition for support because Husband could not fully support himself and therefore was unable to provide financial support to Wife.”
Greggo v. Greggo, 194 A.2d 58 (Del. Ch. 1963). “The complaint alleges that plaintiff and defendant were married on May 27, 1946; that defendant deserted plaintiff on February 15, 1963; that on March 6, 1963 plaintiff caused to be instituted in the Family Court in New Castle County, Delaware, an action for nonsupport pursuant…”
IMO The Est. of Aldon S. Hall (Del. Ch. 2014). “61 See 13 Del. C. § 502. 62 TT 176. Page 16 of 30 Anthony attempted to probate it.”
Wife v. Husband, 270 A.2d 180 (Del. Ch. 1970). · cites it 2× “I need not attempt to define how the terms were used at common law, by the Ecclesiastical Courts, nor how they are applied by the Family Court in enforcing the quasi-criminal jurisdiction established in 13 Del.C. § 502. 2 But certain it is that in this Court the terms have not…”
— 13 Del. C. § 502(a) — 1 case
Spruance v. Spruance, 113 A.2d 877 (Del. Ch. 1955). “But defendant points to 13 Del.C. § 502(a) which makes a father guilty of a misdemeanor if he fails to provide support for his children "under the age of 18 years".”
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