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Delaware law specifically restricts permanent alimony awards to marriages of at least 20 years. Delaware courts consider alimony to be primarily rehabilitative in nature unless a judge finds this to be unfair due to the spouse’s incapacitating illness or disability like in your case.
Couples can also make their own agreements regarding terms and conditions of alimony. If the two of you cannot agree, then the court will decide the amount. It will consider whether or not you have a need for support because you:
Once the court finds that you need support, it can then award alimony in whatever amount and for whatever period of time seems fair. Delaware courts don’t take fault into account when determining the fairness of alimony awards. Rather, they consider all factors relating to your needs and the other spouse’s ability to pay.
Here is the law that applies. However, there is no preset way to determine what amount you would receive. Each case is decided independently based on the legal factors.
See § 1512 Alimony in divorce and annulment actions; award; limitations. at the link above.
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