Howis thethe length of a marriage determined- by the date of separation, the date of the filing or the date of the divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Howis thethe length of a marriage determined- by the date of separation, the date of the filing or the date of the divorce?

In DE alimony can be awarded for up to half the length of the marriage except in the case of long term marriages of more than 20 years when a lifetime of alimony can be awarded. I am a stay-at-home mom with little work experience. I have been married 19 years and 3 months, and my husband just moved out. Is it to my benefit to drag out the filing and date of divorce until after our 20th anniversary? Or will the alimony determination be made as of the day he moved out?

Asked on February 26, 2011 under Family Law, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Helping you with strategy her is really for your attorney and how things are determined can be state specific in the case law.  But I can say that generally speaking the issue of Alimony is determined by the court if the parties can not agree.  It is discretionary.  And when the marriage ended can also be one of the issues to be determined by a court and it may not be as simple as when he walked out.  Generally speaking you are still married until the court issues the divorce but certain legal actions - such as the date you filed for divorce or separation or you signed an agreement - can indeed be used by a court as a date certain in determining your rights under the law.  Good luck to you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption