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Delaware DE AI draft

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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Delaware law:

  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))

Statute / Authority

Citation: Del. Code tit. 13, §1513 ↗

Source: https://delcode.delaware.gov/

Source & verification AI draft
Citation
Del. Code tit. 13, §1513
Source URL
https://delcode.delaware.gov/
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Reference Library

Delaware Property Division

Delaware's equitable distribution statute, 13 Del. C. §1513, directs courts to divide marital property in such proportions as the Court deems just — without regard to marital misconduct and with no equal-division presumption — after weighing eleven statutory factors covering the marriage's length, prior marriages, each party's circumstances and contributions (including homemaking), property set apart, gifts, debts, and taxes. Delaware treats jointly titled pre-marriage real estate as marital property and includes a companion-animal well-being provision.

Citation: Del. Code tit. 13, §1513

Source: https://delcode.delaware.gov/

Last updated: 2026-07-23T00:37:19.644897

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