Marital Legal Separation and Property Settlement Agreement for persons with no Children, no Joint Property, or Debts Effective Immediately - Delaware 2025

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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.
Separation in Delaware In the State of Delaware, Separation is defined as living separately for six or months before filing for divorce. There is no separate legal separation provision in our state. However, spouses wishing to live apart but not necessarily divorce can negotiate a Separation Agreement in Delaware.
(c) All property acquired by either party subsequent to the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety.
There is no minimum marriage length to qualify for alimony, but the easier it is for the lower-earning spouse to become self-sufficient, the less support they may receive.
5 Years: Alimony is awarded for approximately half of the period of your marriage if you have been married for less than five years. 10-20 years: You should expect to pay alimony for 60 to 70% of the length of your marriage on average.
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Qualifying for Alimony in Delaware dependency on the other spouse and that the paying spouse doesnt make court-ordered payments to anyone else. a lack of property, including marital, to meet reasonable needs during and after the divorce.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.

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