CHAPTER 204

FORMERLY

HOUSE BILL NO. 486

AN ACT TO AMEND CHAPTER 15, TITLE 13, DELAWARE CODE, RELATING TO TEMPORARY ALIMONY IN DIVORCE AND ANNULMENT ACTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1502, Chapter 15, Title 13, Delaware Code, by striking paragraphs (5), (6) and (7) in their entirety and by substituting in lieu thereof the following new paragraphs (5), (6) and (7), to read as follows:

"(5) Except as provided in §1518(g) of this title, to award alimony only to respondents divorced on account of incompatibility or mental illness who are dependent upon petitioner for support, but only during the continuance of such dependency;

(6) To award alimony in appropriate cases so as to encourage parties to become self-supporting;

(7) Except as provided in §1518(g) of this title, not to award alimony to petitioners who seek divorce for any reason and reject the respondent as a spouse."

Section 2. Amend §1518, Chapter 15, Title 13, Delaware Code, by adding thereto a new subsection, designated as subsection (g), to read as follows:

"(g) In order to assist a party to achieve independent financial status, the Court may award temporary alimony, or continue an award of interim alimony, for a period of time immediately following the divorce, but not to exceed two consecutive years if the marriage existed less than 20 years on the date of the commencement of the action, pursuant to the requirements and on the conditions specified in §1512 of this title, except that the party seeking temporary alimony may be a petitioner or a respondent, and, if a respondent, without regard to the characterization of the marriage under §1512(a) of this title. Nothing herein shall limit allowance of alimony under §1512 of this title."

Approved January 24, 1978