Delaware Divorce Property Division

What the Law Says

Delaware courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Delaware divides marital property “in such proportions as the Court deems just” under 13 Del. C. §1513(a), without regard to marital misconduct and with no presumption of equal division, after weighing eleven enumerated factors — from the length of the marriage and any prior marriage through each party's circumstances, contributions (including homemaking and child rearing), the value of property set apart to each, gift-acquired property, debts, and tax consequences. Two Delaware specifics: jointly titled real estate acquired before the marriage is treated as marital property (§1513(b)(2)), and the court may consider the well-being of a companion animal when awarding one (§1513(g)).

Division Factors (Del. Code tit. 13, §1513)

What Delaware courts weigh:

1. Length of the marriage (13 Del. C. §1513(a)(1))
2. Any prior marriage of either party (§1513(a)(2))
3. Age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party (§1513(a)(3))
4. Whether the property award is in lieu of or in addition to alimony (§1513(a)(4))
5. Opportunity of each party for future acquisitions of capital assets and income (§1513(a)(5))
6. Contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including contribution as a homemaker or in child rearing (§1513(a)(6))
7. Value of the property set apart to each party (§1513(a)(7))
8. Economic circumstances of each party at the time the division is to become effective, including the desirability of awarding the family home to the party with whom the children live (§1513(a)(8))
9. Whether the property was acquired by gift (§1513(a)(9))
10. Debts of the parties (§1513(a)(10))
11. Tax consequences (§1513(a)(11))

Common Questions