Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner (referred to as spouses) upon divorce. Financial support paid by one spouse to the other spouse while the divorce is pending is often called temporary support.
The law regarding eligibility for spousal support—including the number of years payments must be made and the amount of the payments—often depends on factors such as the length of the marriage, the spouses’ relative earning capacities, the dependent spouse’s education and employment skills, the time a dependent spouse needs to obtain sufficient education or training, and whether there was family violence in the marriage.
Spousal support payments are generally taxable income to the person receiving the payments and deductible for the person making the payments. Such payments generally terminate upon (1) the end of the court-ordered award or payment period; (2) the death of either spouse; or (3) the remarriage of the spouse receiving the payments. And in some states the court may terminate the payments if the spouse receiving payments cohabits (lives) with another person with whom they have a romantic relationship.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic relations code.
In Delaware, alimony, also known as spousal support, is financial assistance provided by one spouse to the other during or after a divorce. The state's Family Court considers several factors when determining alimony, including the length of the marriage, each spouse's financial resources, age, physical and emotional health, standard of living during the marriage, and the time necessary for the recipient to acquire sufficient education or training to find appropriate employment. Delaware law does not have a set formula for calculating the amount or duration of alimony, but it typically does not exceed 50% of the difference between the parties' gross incomes. Alimony is usually awarded for a specific period, which may be extended if circumstances warrant. It is important to note that as of the Tax Cuts and Jobs Act of 2017, for federal tax purposes, alimony payments are no longer deductible by the payer, nor are they considered taxable income to the recipient for divorce or separation agreements executed after December 31, 2018. Alimony typically terminates upon the death of either party, the remarriage of the recipient, or sometimes if the recipient cohabitates with a new partner in a relationship akin to marriage.