Howis thethe length of a marriage determined- by the date of separation, the date of the filing or the date of the divorce?
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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 13 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.
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