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Effects of Infidelity on Divorce in Delaware

In recent days, infidelity is one of the most common reasons for divorce or breakage of a relationship. Infidelity has a great effect on marriage as well as a divorce process and even the alimony is given to the spouse. Delaware is a state of “no-fault” divorce. According to the state laws of Delaware, one spouse of a couple can file a divorce due to the misconduct of another spouse, but the court is not interested in the reason for divorce. Adultery is one of the most important misconduct for filing a divorce case when the state support “fault-based” divorce.

Rules for Alimony award in Delaware

Financial comfort is an important factor after the divorce of a couple. The court always endorses couples for being self-sufficient. When a spouse depends on another spouse for the insufficient property, resources, and support or one spouse is unable to get employment or unable to maintain child custody, alimony can be a grant for the spouse. The spouse will get alimony at a minimum of 50% of their marriage period when the marriage period is less than 20 years. The spouse gets the alimony considering some factors and these factors are as follows.

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  • The financial support of the spouse who depends on another spouse
  • The marriage period of the couple
  • Any possibilities for acquiring education for the dependent spouse
  • The status of lifestyle during their marriage period
  • The health or physical and emotional condition and age of both spouses
  • The capability or the sources of earnings of the non-dependent spouse who will have to pay the alimony to the dependent spouse

What is the Importance of Adultery or Infidelity for a Divorce case in Delaware?

When the state laws support “fault-based” divorce, marital misconduct is one of the most important caused for divorce. Adultery or infidelity is a common ground of fault. When an individual gets married legally and makes a sexual relationship with anyone except his or her spouse, it is explained as adultery or infidelity. However, the state laws of Delaware allow “no-fault” divorce. The court will not judge the reason for filing a divorce. The court will only judge the condition of the relationship of a couple. If the court judges the relationship within the couple as “irretrievably broken” and “reconciliation is improbable”, the court will grant a divorce to the couple.

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What is the Effect of Infidelity for the Alimony Award in Delaware?

In Delaware, the judges of the court will not consider infidelity or any kind of marital misconduct to decide about the alimony award to the spouse. The judges will consider the above-mentioned factors to decide the alimony award to the spouse. The court will also consider fashioning alimony decisions.

When the total marriage period is at least 20 years or more, the spouse becomes eligible for a permanent alimony award and there will be no time limit for an alimony award. The court always encourages and continues to create an obligation to the dependent spouse to seek employment or vocational training. But, the court can reject this type of requirement when the dependent spouse is physically incapable or mentally disturbed or too old or have a minor child who will be adversely affected for seeking out employment or vocational training of the dependent spouse.

If the spouse gives up the award of alimony in writing in any circumstances such as before, during or after the marriage, he or she will not be able to get an alimony award after a divorce. If the dependent spouse gets remarried or cohabits with another person, he or she has an obligation to get an alimony award.

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