Delaware · Alimony · Updated Oct 2026

Alimony in Delaware

How spousal support works in a Delaware divorce: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

In short

Only a 'dependent' spouse can get alimony. If you were married less than 20 years, alimony can last no more than 50% of the length of the marriage; after 20 years there is no time limit.

Property division
Equitable distribution

When Delaware courts can order alimony

  • Only a 'dependent' spouse can get alimony.
  • The court can also order interim alimony while the case is pending. 13 Del. C. 1512.

Amount, limits and length

If you were married less than 20 years, alimony can last no more than 50% of the length of the marriage; after 20 years there is no time limit.

Good to know

Delaware alimony can't last longer than half the marriage unless you were married 20 years or more (13 Del. C. 1512(d)).

Alimony and property in Delaware

Alimony is decided separately from how property and debts are divided.

System
Equitable distribution
The rule
If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, looking at factors like length of the marriage, each spouse's income and needs, and contributions including as homemaker.

How to ask for alimony in Delaware

  1. Ask for it in your divorce papers

    Spousal support is decided in the divorce case: ask for it in your petition, or in your response if your spouse filed. Use the court's official divorce forms: Divorce forms (Delaware courts)

  2. Pay the fee or ask for a waiver

    $165 for a divorce petition, plus a $10 court security fee (Family Court Schedule of Assessed Costs, effective 7/20/2026) Can't afford it? File Form 257P, Affidavit in Support of Application to Proceed In Forma Pauperis, with proof of your finances.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Family Court commonly uses mediation in custody and visitation matters; ask the Resource Center.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Delaware

How does alimony work in Delaware?

Only a 'dependent' spouse can get alimony. If you were married less than 20 years, alimony can last no more than 50% of the length of the marriage; after 20 years there is no time limit. The court can also order interim alimony while the case is pending. 13 Del. C. 1512.

How much alimony is paid in Delaware, and for how long?

If you were married less than 20 years, alimony can last no more than 50% of the length of the marriage; after 20 years there is no time limit.

Is Delaware a community property state?

No. Delaware uses equitable distribution. If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, looking at factors like length of the marriage, each spouse's income and needs, and contributions including as homemaker.

More about divorce in Delaware

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.