Does Spousal Abuse Affect Alimony and Asset Division in Delaware?

Question from Jerome, Does Spousal Abuse Affect Alimony and Asset Division in Delaware?

Answer from AI:

When going through a divorce in Delaware, the division of marital assets and the determination of alimony are significant concerns for both parties. Understanding how spousal abuse may influence these decisions is important for individuals navigating this process.

Alimony Considerations

Alimony, also known as spousal support, is a payment from one spouse to the other to provide financial assistance during and/or after a divorce. In Delaware, the courts consider several factors when determining alimony, which are outlined in Delaware Code Title 13, Section 1512. These factors include:

• The length of the marriage
• The financial circumstances of each party
• The age, physical, and emotional health of both parties
• The standard of living established during the marriage
• Each party’s earning capacity
• Contributions to the other’s education, training, or increased earning power

While the statute does not explicitly mention spousal abuse as a factor in determining alimony, the court may consider any relevant factor that may affect the fairness of the alimony award. This could potentially include the impact of spousal abuse on the victim’s earning capacity or emotional state.

Division of Assets

The division of marital assets in Delaware follows the principle of “equitable distribution.” This means that the court divides marital property in a way that is fair, but not necessarily equal. The factors considered in equitable distribution are listed in Delaware Code Title 13, Section 1513 and include:

• The length of the marriage
• Any prior marriage of either party
• The age, health, station, income, vocational skills, employability, estates, liabilities, and needs of each of the parties
• Whether the property award is instead of or in addition to alimony
• The opportunity of each for future acquisitions of capital assets and income
• The contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of a party as homemaker

Spousal abuse could potentially be considered under the broader context of these factors, particularly if the abuse had an impact on the victim’s ability to acquire assets or if it led to the dissipation of marital assets.

Legal Advice and Consultation

It is important to note that the interpretation of these factors can vary significantly from case to case. Individuals who have experienced spousal abuse and are going through a divorce should consult with a legal professional who can provide personalized advice based on the specifics of their situation. A family law attorney can help navigate the complexities of the divorce process and advocate for a fair outcome that considers the history of abuse.

Conclusion

In summary, while spousal abuse is not explicitly listed as a factor in determining alimony or the division of assets in Delaware, it may be considered by the court under the broader factors that influence these decisions. Given the complexities involved and the potential impact on the outcome of a divorce, it is strongly recommended that individuals seek the guidance of a legal professional.

For more information on divorce and alimony in Delaware, you can visit the Delaware Courts Family Law Information.