Can a court award alimony to a spouse who has committed adultery?

In Delaware, a court may consider a spouse’s adultery when deciding whether to award alimony. According to the Delaware Code, when deciding whether to award alimony or how much to award, the court considers "the respective ages of the parties, their respective earning capacities, the duration of the marriage, the contribution by one party to the education, training, or increased earning power of the other, the extent to which the earning power, expenses, or financial obligations of a party will be affected by reason of serving as the custodian of a minor child, the standard of living of the parties established during the marriage, the relative degree of education and training of each of the parties, their relative assets and liabilities, the property each brought to the marriage and the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates, and other factors the court deems relevant." This list includes a spouse’s adultery as a factor for consideration in alimony decisions. Generally, a court will award alimony to a spouse who committed adultery if the other spouse was not aware of the adultery at the time of the divorce and if the adultery did not cause the breakup of the marriage.

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Can a court award alimony to a spouse who has committed adultery?

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