Court decisions in this area will often depend on the precise wording of the state law on alimony and the court's appraisal of the good faith of the supporting spouse. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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You are here Home » Legal Information » Delaware. Basic info What is the difference between an annulment and a divorce? Indefinite alimony or permanent alimony lasts until either spouse dies or until the court determines that alimony is no longer appropriate. Time-limited alimony also called rehabilitative alimony lasts for a limited time, as determined by the judge for example, to allow the receiving spouse to obtain work experience or training necessary to become self-supporting.
What if I am receiving alimony and I get remarried? What if my spouse agrees to pay me alimony? Parties may agree to any alimony arrangement that they wish without having to have the judge decide the issue. The parties' agreement should be reflected in the court order. If there is not a written agreement or a court order, your spouse can stop paying alimony at any time.
What if my spouse disagrees with me about alimony? The law states that those factors include: Your ability to support yourself; Time necessary for you to get a job or get training so you can become employed; The standard of living established during the marriage; Length of the marriage; Circumstances leading to the separation; Each party's age; Physical and mental condition of each party; Ability of the spouse paying alimony to support him or herself while making payments; Financial needs and resources of each party, including income, income from assets, potential income, previous awards of child support, financial obligations of each party, rights of each part to receive retirement benefits, and taxability or non-taxability of income.
What do I do if my former spouse is behind in alimony payments? Can my alimony order be changed after the divorce? For what reasons might a judge change an alimony award after the divorce? Are you a small business or nonprofit organization looking for legal information?
Click here! Upcoming Events Current status of legal services providers in D. Bar Pro Bono Center in partnership with the D. Alimony also called spousal support or maintenance refers to financial support payments one spouse makes to the other, either during or after a divorce.
When married couples split, there are various types of alimony courts can award , including:. Courts can also grant long-term or permanent alimony, which is reserved for long marriages, where the supported spouse has little chance of becoming self-supporting. Permanent support can continue until the death of either spouse. But what happens when the spouse receiving alimony remarries or begins cohabiting—living with someone else? If you're paying support, do you have to continue making alimony payments?
Check your settlement agreement and divorce judgment, which may state that alimony ends if your spouse remarries. Or, you may have agreed that your supported spouse's remarriage will not terminate spousal support. If your judgment contains specific language about how remarriage affects your alimony obligation, you're likely bound by those terms.
If it's not addressed, then you'll have to look to your state's laws. Note: this chart does not address past-due or lump-sum alimony payments. There are other exceptions to these general rules, so if you have specific questions about remarriage and alimony in your state, consult a local family law attorney. The obligation to pay future alimony is terminated when the supported spouse remarries, but paying spouse must file petition or motion for termination of support. Cohabitation is not enough to terminate alimony.
Paying spouse must file a motion to modify support and show a substantial and continuing change in circumstances, provide evidence relating to the economic nature of the cohabitation, and prove that ex-spouse's support needs have changed. The obligation to pay future alimony is terminated automatically when the supported spouse remarries. The paying spouse doesn't need to file a motion to terminate support. Paying spouse must file a motion to modify support and show a substantial change in ex-spouse's financial circumstances that justifies reducing support.
The obligation to pay future alimony is terminated when the supported spouse remarries or establishes a civil union. Paying spouse must file a motion to terminate support and show that cohabitation eliminates ex-spouse's financial need.
The obligation to pay future alimony is terminated when the supported spouse remarries. The paying spouse may stop payments immediately, without a court order ending alimony.
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