Rockwell v. Rockwell
In Rockwell v. Rockwell, 681 A.2d 1017 (Del. 1996) at issue was whether the statutory standard for modification of alimony applied when parties stipulated to an alimony award. Id. at 1018.
In concluding that it did not apply, the court reasoned "with regard to alimony awards, the stipulation, merger, or incorporation of the parties' voluntary agreement into a court order does not divest that agreement of its contractual nature." Id. at 1021.
Thus, the court held "unlike a prior judicial determination of alimony, the Family Court cannot modify an agreement between the parties regarding alimony, pursuant to the 'real and substantial change' statutory standard." Id.