Delaware Spousal Support
Calculator (2026)
Delaware determines spousal support through a multi-factor statutory analysis under 13 Del.C. §1512. Understand how the court evaluates eligibility, amount, and duration in your case.
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Free Spousal Support Calculator — Delaware
How Spousal Support Is Calculated in Delaware
Spousal support in Delaware is determined by a statutory multi-factor analysis under 13 Del.C. §1512. The court weighs the following factors to arrive at a fair support amount and duration. Unlike the temporary formula, there is no mathematical calculation for permanent support — it is a discretionary determination by the judge based on the totality of the circumstances.
The types of spousal support available in Delaware include: Interim, Post-divorce. The type ordered depends on the length of the marriage, each spouse's financial situation, and the supported spouse's ability to become self-supporting.
Primary statute: 13 Del.C. §1512
Delaware Spousal Support Factors (13 Del.C. §1512)
The court considers these 10 statutory factors when determining the amount and duration of spousal support:
Financial resources
Time for education/training
Standard of living
Duration
Age/health
Paying spouse ability
Tax consequences
Contribution to education/career of the other
Deferred career opportunities
Any other relevant factor
Spousal Support Duration in Delaware
DURATION CAP: eligibility ≤ 50% of the marriage length (§1512(d)); marriages of 20+ years have no limit. Terminates on death, remarriage, or COHABITATION (§1512(g)).
Duration is one of the most heavily litigated aspects of spousal support. The length of the marriage is the single most important factor in most cases, but the court also considers the supported spouse's age, health, job skills, and the time needed to acquire education or training for appropriate employment.
What Makes Delaware Spousal Support Unique
No formula; §1512(b) three-part dependency test + 10 factors (§1512(c)).
DURATION CAP ≤ 50% of marriage (§1512(d)); 20+ years uncapped.
Terminates on cohabitation as well as remarriage/death (§1512(g)).
Misconduct NOT a factor.
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Delaware Divorce Procedure at a Glance
Residency Requirement
6-month residency
Mandatory Waiting Period
6-month SEPARATION required before divorce granted
No-Fault Ground
Irretrievably broken (requires 6-month separation)
State Income Tax
Progressive 0-6.60% (7 brackets).
In-Depth Delaware Divorce Guides
More Delaware Divorce Calculators
Frequently Asked Questions About Delaware Spousal Support
How is spousal support calculated in Delaware?
Delaware does not use a fixed formula for spousal support. Instead, courts apply a multi-factor analysis under 13 Del.C. §1512 to determine the amount and duration based on the specific circumstances of each case.
What types of spousal support are available in Delaware?
Delaware recognizes the following types of spousal support: Interim, Post-divorce. The type awarded depends on the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay.
How long does spousal support last in Delaware?
DURATION CAP: eligibility ≤ 50% of the marriage length (§1512(d)); marriages of 20+ years have no limit. Terminates on death, remarriage, or COHABITATION (§1512(g)).
Can spousal support be modified in Delaware?
Yes. Spousal support orders in Delaware can generally be modified if there is a material change in circumstances, such as a significant change in either party's income, retirement, cohabitation of the supported spouse, or other qualifying events as defined by statute.
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Start My Free DelawareEstimate →This tool provides educational estimates based on Delaware family law and does not constitute legal advice. Spousal support calculations are estimates and may differ from court-ordered amounts. Consult a licensed Delaware family law attorney before making decisions. Primary statute: 13 Del.C. §1512.