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.

Related FAQs

Is alimony reduced if the payor earns less than the recipient?
How long is alimony typically paid?
Are alimony payments considered alimony for tax purposes?
Are alimony payments deductible for both spouses in some states?
Is alimony considered a form of child support?
Is alimony revoked if the payor declares bankruptcy?
Are alimony payments nontaxable to the payor in all states?
Is alimony based on need or fault?
Is alimony permanent or temporary?
How is alimony affected if either party moves to a new state?

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

Related FAQs

Related Blog Posts