Considering Eligibility For Alimony – Dependence

In connection with a divorce the Family Court has jurisdiction to divide marital property and to award alimony.  Prior posts have examined what factors the Court will consider when dividing marital property.  But what does the Court consider in an alimony claim? The Court will begin by considering whether the party seeking alimony needs it.  Is he or she dependent on support from the other party?  Section 1512(b) of Title 13 of the Delaware Code specifies that the Family Court may award alimony only if the party seeking alimony:

1. (1) Is dependent upon the other party for support and the other party is not contractually or otherwise obligated to provide that support after the entry of a decree of divorce or annulment;