Can alimony be awarded in an annulment?
Yes, alimony can be awarded in an annulment in Delaware. An annulment is a legal process that declares the marriage null and void, which is different than a divorce where the court recognizes the marriage has ended. Annulment in Delaware is only available in limited circumstances and is not as common as compared to a traditional divorce. When there is an annulment, the court does not have any need to divide marital property, since the marriage is being declared null and void. However, the court may award alimony payments as long as the annulment is granted. Alimony payments are meant to provide support to a spouse who had an economic reliance on the marriage. The court may also consider the needs of the annulled spouse, as well as the capability of the other partner to pay alimony. In Delaware, alimony may be temporary or permanent in an annulment. Depending on the circumstances of the annulment, the court may award alimony payments for a certain period of time or until the recipient spouse is able to become self-supporting. An alimony order remains until the court modifies it or until the receiving spouse dies. When deciding whether to award alimony in an annulment, the court considers various factors such as the spouse’s age, health, education, assets, potential earning capacity, and the length of the marriage. If the court determines that alimony payments are necessary to ensure that the needs of the annulled spouse will be met, then an alimony award may be granted.
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