Delaware High Court Rejects Wife's Claim That Alimony Computation Infringed Her Free Exercise Rights

In Wright v. Wright, (DE Sup. Ct., July 10, 2012), the Delaware Supreme Court rejected a claim that the state's Family Court violated the free exercise clauses of the Delaware and federal constitutions in the way it computed a wife's ability to pay alimony. In reviewing her monthly expenses, the Family Court reduced her monthly charitable contributions from $1000 to $100, finding that to be a "more reasonable amount."  The $1000 represented the wife's tithing to her church, and she claimed that the alimony award prevents her from paying the obligatory 10% required by her religious beliefs. However, the Supreme Court held: "The Family Court found that even after the alimony payments, the Wife still has a surplus of $1,402—more than enough to pay for the remaining $900 for tithing should the Wife so choose."