Copyright © Gary R. Spritz, Esquire, Wilmington family law attorney .All rights reserved.
Suite 211 Wilson Building, 3511 Silverside Road, Wilmington, DE 19810
Under Delaware Law, to appropriately request alimony, it must be claimed prior to the Divorce, whether in the Divorce Petition, the Divorce Answer and Counterclaim or by Motion. It differs from Delaware Spousal Support which ends with the Divorce and can if awarded continue for marriages over 20 years, until death, cohabitation or remarriage. For marriages less than 20 years, Delaware alimony if claimed appropriately can last for a maximum of 1/2 the length of the marriage and ends with death, cohabitation or remarriage of the recipient. It is a complicated law, one which depends on the you and your spouse's expenses and earnings or earning capacity. Further, please be aware the federal tax law has changed and this effect the taxability of income. Call me at (302) 655-0900.
Part of the new tax law signed at the end of 2017 called for an end starting with orders of alimony entered after December 31, 2018. Alimony entered as an order after December 31, 2018 is no longer be tax deductible to the payor of alimony or taxable to the recipient. For an appointment as to whether or not this effects your situation, call me at (302) 655-0900.
Under Delaware Law, to appropriately request Spousal Support, it must be claimed prior to the Divorce by Separate Petition. It ends when the marriage does, but can be requested even when there is no divorce action between the parties. It also depends upon you and your spouse's expenses and earnings or earning capacity. It can be requested at the same time as Child support in Delaware. Call me at (302) 655-0900 to discuss an appointment.