Delaware Alimony Calculator 2026
Delaware has no formula for the amount of alimony. This page applies the state's rule on how long it can last and shows a clearly labelled illustration of the amount from both incomes. Everything runs privately in your browser, with no sign-up.
Not legal advice — a court decides. Delaware has no formula for the amount of alimony; the Family Court decides it, within the statutory time limit shown.
Delaware Alimony Formula & Factors
Delaware has no formula for the amount of alimony, but it caps how long a spouse is eligible. Under 13 Del. C. § 1512 alimony goes only to a dependent spouse: one who depends on the other for support, lacks sufficient property for reasonable needs, and cannot be self-supporting through appropriate employment.
The amount and time are what the Family Court deems just, without regard to marital misconduct, after considering that spouse's financial resources, the time and cost of education or training, the standard of living, the length of the marriage, the age and condition of both spouses, contributions to the other's career, the other spouse's ability to pay, tax consequences, and opportunities given up during the marriage.
What the Illustrative Estimate Is
Because Delaware law gives no figure to calculate, the dollar amount on this page is an illustration only. It uses the reference method recommended by a commission of the American Academy of Matrimonial Lawyers (AAML) and adopted by its Board of Governors in March 2007: 30% of the payor's gross income minus 20% of the recipient's gross income, limited so that the recipient ends up with no more than 40% of the couple's combined gross income. The method is set out in Mary Kay Kisthardt's article in the Journal of the American Academy of Matrimonial Lawyers (vol. 21, 2008) and summarised by Maryland's highest court in Boemio v. Boemio (2010).
The AAML method is not Delaware law and Delaware courts are not bound by it. It lists its own reasons to depart from the result, such as a spouse caring for a young or disabled child, age or health, or a career given up for the other spouse. It was written when alimony was still tax-deductible for the payer, and it does not apply when combined gross income is above $1,000,000 a year. Treat the figure as a starting point for a conversation with a lawyer, not as a prediction.
Delaware Alimony Rules at a Glance
| Point | Delaware rule | Source |
|---|---|---|
| Amount | No formula; ten listed factors | 13 Del. C. § 1512(c) |
| Marriage under 20 years | Eligible for up to 50% of the term of the marriage | 13 Del. C. § 1512(d) |
| Marriage of 20 years or more | No time limit | 13 Del. C. § 1512(d) |
| Ends on | Death of either spouse; recipient's remarriage or cohabitation | 13 Del. C. § 1512(g) |
| Figure shown on this page | An illustration using the AAML reference method (30% of payor gross income − 20% of recipient gross income, limited to 40% of combined income) — not Delaware law | AAML Commission recommendations (2007) |
| Who decides | A judge, on the evidence in the case | 13 Del. C. § 1512 |
| Federal income tax | Not deductible by the payer and not income to the recipient for agreements executed after 2018 | IRS Topic No. 452 |
Worked Example: Delaware Alimony Calculator
Take gross incomes of $8,000 and $3,000 a month. Under the AAML reference method, 30% of $8,000 is $2,400 and 20% of $3,000 is $600, a difference of $1,800. The limit is 40% of the combined $11,000, which is $4,400, less the recipient's own $3,000: $1,400. The illustrative amount is the lower figure, $1,400 a month ($16,800 a year). This is an illustration, not an amount set by Delaware law.
For a 12-year marriage, the Delaware rule on length gives up to 6 years.
These are the figures the calculator shows when the page first loads. A real order depends on evidence a calculator cannot see.
Delaware Alimony Duration Rules
A person is eligible for alimony for a period not exceeding 50% of the term of the marriage. If the marriage lasted 20 years or longer there is no time limit, though the same factors still apply.
Unless the spouses agree otherwise in writing, alimony ends on the death of either spouse or the recipient's remarriage or cohabitation.
Is Alimony Taxable in Delaware?
For federal income tax, alimony or separate maintenance paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not included in the recipient's income. Payments under an agreement executed before 2019 are generally still deductible by the payer and taxable to the recipient, unless the agreement was later modified and the modification expressly adopts the new rule (IRS Topic No. 452). Child support is never deductible and is not income.
This page does not cover Delaware state income tax. State rules are set separately and can differ from the federal rule, so check with the state tax agency or a tax adviser.
Modifying Delaware Alimony
Whether an order can be changed depends on its wording and on the type of support. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable.
Read the order itself and 13 Del. C. § 1512 before relying on a general rule, and get advice from a family lawyer licensed in Delaware about your own case. Nothing on this page is legal advice.
Last updated: October 2026. Sources: 13 Del. C. § 1512 (Delaware Code Online); AAML Commission recommendations (Kisthardt, 21 J. Am. Acad. Matrim. Law. 61); IRS Topic No. 452.
Frequently Asked Questions
How is alimony calculated in Delaware?
Delaware has no formula for the amount. Under 13 Del. C. § 1512 only a dependent spouse can receive alimony, in an amount the Family Court deems just after weighing ten factors such as financial resources, the standard of living, the length of the marriage and the other spouse's ability to pay. The amount on this page is an illustration using the AAML reference method, not Delaware law.
Does Delaware use a formula for alimony?
No. 13 Del. C. § 1512 lists factors for the amount rather than a percentage. It does limit the time: a spouse is eligible for alimony for no more than 50% of the term of the marriage, with no limit after a marriage of 20 years or more.
How long does Delaware alimony last?
A spouse is eligible for alimony for a period not exceeding 50% of the term of the marriage, so up to 6 years after a 12-year marriage. If the marriage lasted 20 years or longer there is no time limit (13 Del. C. § 1512(d)). Alimony ends on either spouse's death or the recipient's remarriage or cohabitation unless the spouses agreed otherwise in writing.
Can Delaware alimony be modified?
It depends on the order. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable. Check the wording of your order and 13 Del. C. § 1512 before relying on a general rule.
Is alimony taxable in Delaware?
For federal income tax, alimony paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not income to the recipient (IRS Topic No. 452). Agreements executed before 2019 generally keep the old treatment, deductible by the payer and taxable to the recipient, unless a later modification expressly adopts the new rule. This page does not cover Delaware state income tax, which is set separately.