Is alimony based on need or fault?

In Delaware, alimony is based on need. Alimony is a court-ordered payment to one spouse (known as the recipient) from the other spouse (known as the payor). Alimony is meant to help the recipient spouse maintain their standard of living if it would otherwise be affected due to the divorce. Delaware alimony law is based on the concept of need, not fault. In other words, the law does not consider who was “at fault” for the divorce when granting alimony—it only considers the recipient’s need for financial help. As such, alimony is rarely granted in cases of fault (such as when one spouse committed adultery). When making decisions about alimony, a Delaware court considers a variety of factors to determine whether the recipient spouse has a need—including their financial situation; the ability of the payor to pay; the duration of the marriage; the lifestyle of the couple during their marriage; the contribution of each party to the marriage; the physical and mental health of each party; and the age and occupation of each party. Ultimately, alimony in Delaware is intended to help the recipient spouse maintain their standard of living after the divorce. Fault is not taken into consideration for determining whether alimony should be awarded, or for how much alimony should be paid.

Related FAQs

Does alimony have to be included in a divorce settlement?
Can a court award retroactive alimony payments?
Can alimony be increased if the payor's income increases?
What is a permanent alimony award?
Can alimony be modified?
Can alimony be waived in a divorce settlement?
Are living expenses included in an alimony award?
What are the factors that are considered when awarding alimony?
Can alimony be awarded to a spouse who has remarried?
How is alimony affected if either party moves to a new state?

Is alimony based on need or fault?

Related FAQs

Related Blog Posts