Can alimony be reduced if the recipient earns a substantial income?

In Delaware, alimony can be reduced if the recipient earns a substantial income. This is known as the rule of diminishment. Under the rule of diminishment, the court can consider the recipient’s earning capacity or job-related income when determining alimony payments. The court may also consider whether or not the recipient has had to make sacrifices in order to receive alimony. If the recipient’s income increases significantly during the marriage or after the divorce, the court can decide to decrease or even terminate alimony payments. In order for the court to reduce alimony, the recipient will need to prove that the new income is enough to cover their living expenses and that they do not require alimony to make ends meet. The court will also take into consideration the financial circumstances of the payer when making a decision. It is important to note that the court does not necessarily have to reduce alimony payments if the recipient earns a substantial income. The court will weigh all factors before making a decision about alimony reduction. Alimony payments cannot be modified without a court order. Therefore, if the recipient wants to reduce their alimony payments, they must file a Petition for Modification of Alimony with the court.

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