Does alimony have to be included in a divorce settlement?

In Delaware, alimony must be considered in any divorce settlement. Alimony, commonly referred to as spousal support, is a payment made by one ex-spouse to the other in order to help cover living expenses. It is designed to assist the recipient spouse in maintaining a similar lifestyle to what they had while still married. Alimony is a discretionary award, meaning the court decides whether it should be ordered and its terms. Factors taken into consideration when deciding on alimony include the length of the marriage, the age and health of the parties, their respective earning abilities, and the standard of living during the marriage. In Delaware, alimony is granted in cases in which it is deemed necessary to achieve a “just and equitable” division of the parties’ marital property. In addition, courts must consider a number of statutory factors when determining whether to award alimony, including the parties’ respective incomes, and reasonable financial needs. Therefore, alimony must be included in a divorce settlement in Delaware. Depending on your financial situation, you may or may not be able to negotiate the amount and/or duration of the spousal support. Ultimately, the court retains the final say in determining whether alimony is appropriate and if so, what amount and duration is just.

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Does alimony have to be included in a divorce settlement?

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