Delaware separation 2025

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Yes, you can date other people while you are legally separated in Delaware. However, it is important to remember that you are still technically married until the divorce is final.
Furthermore, before you file for divorce, you and your spouse must be legally separated. Under Delaware law, in order to be legally separated, you can still be separated if you live in the same house so long as you do not share the same bedroom with your spouse or have sexual relations with your spouse.
If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, under Delaware law if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.
Delaware is an equitable distribution state. This means that the division is not 50-50, which splits everything down the middle, but rather a fair weighting of assets of debts. If one side gets the car, that side may also get the car payments.
In family court matters, adultery isnt relevant to determining either partys right to a divorce (because Delaware is a no-fault divorce state). Furthermore, the Delaware courts are forbidden by statute from considering adultery when deciding whether to give alimony and how much alimony to give.
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