State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | Delaware | Texas |
|---|---|---|
| Support term | alimony | spousal maintenance |
| Formula profile | limited | limited-cap |
| Property system | equitable | community |
| Legal framework | Interim alimony may be awarded to a dependent party while a divorce or annulment action is pending. Final alimony is governed by 13 Del. C. § 1512 and is determined through statutory factors after equitable distribution under 13 Del. C. § 1513. | Temporary support may be awarded during the divorce proceeding under the court's equitable powers. Post-divorce spousal maintenance is governed by Chapter 8 of the Texas Family Code and is available only when specific statutory eligibility requirements are met. |
| Statute citation | 13 Del. C. § 1512; 13 Del. C. § 1513 | Texas Family Code Chapter 8 (§§ 8.001-8.305) |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
Delaware and Texas calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between Delaware and Texas. This is educational, not a court prediction.
Conservative educational estimate based on dependency, reasonable need, ability to pay, income disparity, marriage length, standard of living, employability, and Delaware statutory factors; no mandatory statewide formula applies.
$1,467/mo
Planning range: $954-$1,980/mo
Duration: About 8 years
Delaware relies heavily on court discretion or limited eligibility rules, so this estimate should be treated as a broad planning range.
Conservative educational estimate based on minimum reasonable need and ability to pay, capped at the lesser of $5,000 per month or 20% of payer gross monthly income.
$680/mo
Planning range: $544-$816/mo
Duration: 10 to under 20 years
Delaware: Delaware has no mandatory mathematical formula for alimony amount. Alimony may be awarded only to a dependent party who depends on the other spouse for support, lacks sufficient property to meet reasonable needs, and cannot self-support through appropriate employment or is caring for a child whose condition makes employment inappropriate. The court sets amount and duration as just after considering statutory factors, without regard to marital misconduct. Texas: Texas is a strict limited-eligibility maintenance state. Court-ordered spousal maintenance is not automatic and is available only if the requesting spouse lacks sufficient property to meet minimum reasonable needs and satisfies a statutory eligibility ground. Texas has no formula for the actual award amount, but it has a hard statutory maximum of the lesser of $5,000 per month or 20% of payer gross monthly income.
Delaware: For marriages under 20 years, Delaware limits alimony eligibility to a period not exceeding 50% of the length of the marriage. For marriages of 20 years or longer, there is no statutory time limit on eligibility, but the court must still consider statutory factors and dependency. A recipient has a continuing affirmative obligation to make good-faith efforts to seek vocational training and employment unless the court finds that would be inequitable due to disability, age, or child-related needs. Unless the parties agree otherwise in writing, future alimony terminates on death of either party or the recipient's remarriage or cohabitation. Texas: Texas generally requires maintenance to last only for the shortest reasonable period that allows the recipient to earn enough income to meet minimum reasonable needs. Maximum duration is generally 5 years for family-violence eligibility cases or marriages of at least 10 but less than 20 years, 7 years for marriages of at least 20 but less than 30 years, and 10 years for marriages of 30 years or more. Maintenance based on the recipient's disability or care of a disabled child may continue as long as the qualifying condition continues, subject to review.
Delaware: Delaware alimony may be modified upon a real and substantial change in circumstances, subject to the decree or agreement. Courts review changes affecting dependency, need, income, health, or ability to pay. Texas: A maintenance order may be modified upon a material and substantial change in circumstances affecting either party. Any modified award remains subject to Texas statutory caps and limitations.
Delaware awards alimony only to a dependent party as defined by 13 Del. C. § 1512. The statute requires the court to evaluate dependency, need, and the other party's ability to pay before setting support. Delaware does not use a mandatory formula, but it has specific duration limits for marriages shorter than 20 years.
Eligibility: A spouse must be dependent, meaning they lack sufficient property to provide for reasonable needs and are unable to support themselves through appropriate employment or are custodian of a child whose circumstances make employment inappropriate. The party from whom alimony is sought must have the ability to pay. Eligibility depends on statutory dependency, not income disparity alone.
Texas uses the term spousal maintenance for court-ordered post-divorce support and imposes some of the nation's strictest eligibility requirements. Unlike many states, support is not presumed based solely on income disparity, and a spouse must first satisfy statutory eligibility thresholds before a court considers amount and duration.
Eligibility: A spouse generally must lack sufficient property after divorce to provide for minimum reasonable needs and satisfy at least one statutory ground. Common grounds include a marriage lasting 10 years or more combined with inability to earn sufficient income, a disabling condition, caregiving responsibilities for a disabled child, or recent family violence by the other spouse. The spouse seeking maintenance bears the burden of proving eligibility.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
