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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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
The court considers these 7 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
No statutory cap. Favors rehabilitative/limited-term.
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.
No formula.
Misconduct NOT a factor.
Two types: interim and post-divorce.
Favors rehabilitative.
Find out if you qualify, how much you might receive (or pay), and for how long.
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% (6 brackets).
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.
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.
No statutory cap. Favors rehabilitative/limited-term.
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.
Get a personalized spousal support analysis based on Delaware's actual statutory framework.
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.