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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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I am seeking a divorce - I receive only $800.00 per month

Customer Question

I am seeking a divorce - I receive only $800.00 per month that is a disability pension that I obtained thru a job of more than 16 years - my husband has a full time job - his mother lives with us and brings in over 5,000.00 a month and my husband name is ***** ***** checking account - what can I expect to get for alimony - we were married 25 years in September - we live in the same house but have not shared a bed in over a year - can u help me?
Submitted: 11 months ago.
Category: Family Law
Expert:  Maverick replied 11 months ago.

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Expert:  Maverick replied 11 months ago.

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:

  • are dependent on the other spouse, lack sufficient property, including any apportioned marital property to provide for your own reasonable needs
  • are unable to become self-supporting through appropriate employment, or
  • are the custodian of a child whose circumstances make it appropriate for you to delay finding employment.

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.

Expert:  Maverick replied 11 months ago.

Please assign a feedback rating for this answer so that JA will compensate me for my time. Thank you.

Customer: replied 11 months ago.
Info was a start for me - good job!!!