A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Delaware, adultery can be considered when determining alimony during a divorce proceeding. While Delaware is a no-fault divorce state, meaning that a divorce can be granted without the need to prove wrongdoing by either party, the conduct of the parties during the marriage can still be relevant in certain aspects of the divorce, such as alimony. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider this conduct when making decisions about the division of marital property and alimony. If the court finds that marital funds were used to purchase gifts for a paramour, it may order the cheating spouse to reimburse the marital estate. This could be done by returning the gift if it retains its value or by compensating the marital estate with separate property funds of the cheating spouse. However, the specifics of how reimbursement claims are handled can vary, and it is important to consult with an attorney for advice on the particular circumstances of a case.