Spousal Support / Alimony Modification

IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [____________] COUNTY

File No.: [____________] Petition No.: [____________]

Date: [__/__/____]

PETITION (MOTION) TO MODIFY OR TERMINATE ALIMONY

(13 Del. C. § 1519)

TABLE OF CONTENTS

1. Jurisdiction and Venue
2. The Existing Alimony Order
3. Standard for Modification or Termination
4. Real and Substantial Change of Circumstances (Grounds)
5. Statutory Termination Events
6. Relief Requested
7. Rule 16(c) Financial Disclosure
8. Verification and Certifications
9. Prayer for Relief
10. Proposed Order
11. Certificate of Service
12. Exhibits

1. JURISDICTION AND VENUE

1.1 The Family Court of the State of Delaware has exclusive jurisdiction to modify or terminate alimony orders entered pursuant to 13 Del. C. § 1512. See 13 Del. C. § 1519(c).

1.2 Venue in [____________] County is proper because [the Respondent resides or is found here / the Petitioner resides here and the Respondent does not reside and cannot be found in this State].

1.3 The Petitioner is the [Obligor (payor) ☐ Obligee (recipient) ☐] under the existing alimony order.

2. THE EXISTING ALIMONY ORDER

2.1 On [__/__/____], this Court (or the Court entering the parties' decree) ordered [the Obligor] to pay alimony to [the Obligee] in the amount of $[____________] per [month ☐ other: ____________].

2.2 The alimony was awarded as [interim/pendente lite ☐ post-decree alimony ☐] and is payable for [a term ending __/__/____ ☐ an indefinite period ☐].

2.3 At the time of the order, the Obligor's annual income was approximately $[____________] and the Obligee's was approximately $[____________].

2.4 A copy of the decree and alimony order is attached as Exhibit A.

3. STANDARD FOR MODIFICATION OR TERMINATION

3.1 Under 13 Del. C. § 1519(a)(4), an order awarding alimony "may be modified or terminated only upon a showing of real and substantial change of circumstances."

3.2 The party seeking modification bears the burden of proving, by a preponderance of the evidence, that a real and substantial change of circumstances has occurred since the existing order. Speculative or temporary changes do not satisfy this standard.

4. REAL AND SUBSTANTIAL CHANGE OF CIRCUMSTANCES (GROUNDS)

4.1 A real and substantial change of circumstances has occurred. The Petitioner relies on the following ground(s):

☐ Obligor's income decreased. The Obligor's income decreased from $[____________] to $[____________] due to [involuntary job loss / reduced hours / business decline / disability / other: ____________].

☐ Obligor's income increased. The Obligor's income increased from $[____________] to $[____________].

☐ Obligee's circumstances changed. The Obligee is no longer dependent / has become self-supporting / has materially increased income or resources, as follows: [____________].

☐ Obligee's increased need. The Obligee's reasonable needs have materially increased due to [serious illness / disability / loss of employment through no fault / other: ____________].

☐ Retirement. The Obligor has retired or reached customary retirement age (age [____]) in good faith, materially reducing income and ability to pay.

☐ Other real and substantial change: [________________________________].

4.2 The change is genuine, material, and ongoing, and was not contemplated at the time of the existing order. The Court considers the factors in 13 Del. C. § 1512(c) (financial resources; time and expense for education/training; marital standard of living; duration of the marriage; age and condition of the parties; contributions to the other's earning capacity; ability to pay while meeting own needs; tax consequences; foregone opportunities; and other just factors) in setting any modified amount and duration.

5. STATUTORY TERMINATION EVENTS

5.1 ☐ Remarriage of the Obligee. The Obligee remarried on [__/__/____]; the obligation to pay future alimony terminated as of that date under 13 Del. C. § 1519(b).

5.2 ☐ Death. The duty to pay future alimony terminated upon the death of [the Obligor ☐ the Obligee ☐] on [__/__/____].

5.3 ☐ Cohabitation. The Obligee is cohabiting (residing with another person in a relationship in which the parties hold themselves out as a couple), terminating the alimony obligation under Delaware law. Proof of financial benefit or sexual relations is not required to establish cohabitation. Specifically: [____________].

5.4 The parties [did NOT ☐ DID ☐] agree in writing, expressly provided in the decree, that alimony would survive the event(s) above. If they did, that agreement controls.

6. RELIEF REQUESTED

The Petitioner requests that the Court:

☐ DECREASE alimony to $[____________] per month, effective [__/__/____].

☐ INCREASE alimony to $[____________] per month, effective [__/__/____].

☐ SUSPEND alimony pending [____________].

☐ TERMINATE alimony effective [__/__/____].

☐ Award costs and such other relief as the Court deems just.

7. RULE 16(c) FINANCIAL DISCLOSURE

7.1 A current Rule 16(c) Financial Report / Disclosure Statement reflecting the Petitioner's present income, expenses, assets, and liabilities is filed contemporaneously with this Petition and incorporated by reference.

7.2 The Petitioner requests that the Respondent be ordered to file a current Rule 16(c) Financial Disclosure.

8. VERIFICATION AND CERTIFICATIONS

I, [____________________], the Petitioner, verify that the factual statements in this Petition and in my financial disclosure are true and correct to the best of my knowledge, information, and belief, and that this Petition is not filed for any improper purpose.

9. PRAYER FOR RELIEF

WHEREFORE, the Petitioner respectfully requests that this Court:

A. Find a real and substantial change of circumstances under 13 Del. C. § 1519(a)(4) (and/or find that a statutory termination event under § 1519(b) or § 1512 has occurred);

B. Modify, suspend, decrease, increase, or terminate the alimony order as set forth in Section 6;

C. Enter such effective date as is permitted by law and equity; and

D. Grant such further relief as the Court deems just.

10. PROPOSED ORDER

AND NOW, this [____] day of [____________], [____], upon consideration of the Petition, IT IS ORDERED that the alimony order entered [__/__/____] is [modified ☐ suspended ☐ terminated ☐] as follows: [________________________________], effective [__/__/____].

_______________________________
Judge, Family Court of the State of Delaware

11. CERTIFICATE OF SERVICE

I certify that a true copy of this Petition, the Rule 16(c) financial disclosure, and exhibits was served on the Respondent (or counsel of record) at the address below in accordance with the Family Court Rules of Civil Procedure on [__/__/____]:

[Respondent / Attorney]
[Address]

_______________________________ Date: [__/__/____]
[Petitioner / Attorney]
[Printed Name and Bar ID, if attorney]
[Firm Name] | [Address] | Tel: [____________]

12. EXHIBITS

• Exhibit A – Decree and existing alimony order
• Exhibit B – Petitioner's Rule 16(c) Financial Disclosure
• Exhibit C – Proof of income (paystubs / W-2s / tax returns)
• Exhibit D – Documentation of changed circumstances or termination event (termination letter, medical records, marriage record, cohabitation evidence)

Sources and References

• 13 Del. C. § 1519 — Modification or termination of decree or order; termination of alimony; enforcement: https://law.justia.com/codes/delaware/title-13/chapter-15/section-1519/
• 13 Del. C. § 1512 — Alimony in divorce and annulment actions; award; limitations: https://codes.findlaw.com/de/title-13-domestic-relations/de-code-sect-13-1512/
• Delaware Family Court (forms and rules): https://courts.delaware.gov/family/

This template is intended for use by, or under the supervision of, a licensed Delaware attorney. Review all facts, exhibits, and local rules before filing.