DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 193

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO ALIMONY.

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

Section 1. Amend § 1512, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1512. Alimony in divorce and annulment actions; award; limitations.

(h) Notwithstanding any requirements in this chapter to the contrary, if a party to an action for divorce or annulment who is convicted of a violent felony, as defined by § 4201 of Title 11, and the victim of the violent felony is the other party to the action for divorce or annulment or the minor child of either party to the action for divorce or annulment, all the following apply:

(1) If the conviction occurs before the Court awards alimony or interim alimony, the Court may not award alimony or interim alimony to the party.

(2) If the conviction occurs after the Court awards alimony or interim alimony, the other party’s obligation to pay alimony or interim alimony is terminated.

SYNOPSIS

This act prohibits an individual from receiving alimony who is convicted of committing a violent felony, where the victim is their spouse or a child under the age of 18 of either party to the divorce or annulment proceeding. Under current Delaware law, an individual can engage in acts of abuse towards their partner or child and may nonetheless be awarded interim alimony or alimony pursuant to Delaware law. This Act mandates that such an unjust result shall be unequivocally prohibited.

Author: Senator Lawson