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Delaware Property Distribution Laws

In Delaware divorce, each party will be entitled to retain any of his or her separate property. Separate property is defined as that which was:

• obtained prior to the marriage;

• obtained by inheritance;

• specified as separate property by an agreement between the spouses; or

• property acquired in exchange for separate property or an increase in value of separate property.

All marital property will be divided equitably in a Delaware divorce based upon the following factors:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the value of each spouse's personal property;

• the economic circumstances of each spouse at the time the division of property is to become effective;

• the length of the marriage; the age and health of the spouses;

• the occupation of the spouses;

• the amount and sources of income of the spouses;

• the vocational skills of the spouses;

• the employability of the spouses;

• the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

• the federal income tax consequences of the court's division of the property;

• liabilities of the spouses;

• any prior marriage of each spouse;

• whether the property award is in stead of or in addition to maintenance.

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