Delaware Divorce Property Division: The Complete 2026 Guide

Delaware is an equitable distribution state. Under 13 Del.C. §1513, the court divides only MARITAL property using 8 statutory factors. There is no 50/50 presumption.

Unlike Montana, Delaware does NOT divide premarital or separate property. Misconduct is NOT a factor.

8 factors: (1) length of marriage, (2) prior marriage, (3) age/health/station/income/skills/employability, (4) whether in lieu of alimony, (5) future acquisition opportunity, (6) contribution or dissipation including homemaker, (7) value set apart, (8) economic circumstances at time of division.

The Melson Formula originated in Delaware, created by Delaware Family Court Judge Elwood F. Melson Jr. Delaware is one of only 3 Melson Formula states (with Montana and Hawaii).

Three-step: (1) self-support allowance deducted from gross, (2) primary support obligation shared proportionally, (3) SOLA (Standard of Living Adjustment) applied to remaining income.

Approximate percentages: 1 child ~17%, 2 ~25%, 3 ~30%, 4 ~34%. All schedule values are approximations.

Delaware alimony under 13 Del.C. §1512 includes two types: interim (during proceedings) and post-divorce. There is no formula.

Misconduct is NOT a factor. Delaware favors rehabilitative/limited-term alimony. Factors: financial resources, time for education/training, standard of living, duration, age/health, paying spouse’s ability, tax consequences.

Delaware requires a 6-month separation before divorce can be granted. This is a critical procedural requirement.

6-month residency required (at least one spouse). No-fault: irretrievably broken.

Delaware has a progressive 0-6.60% state income tax across 6 brackets. The first $5,000 is tax-free, making it relatively favorable for lower incomes.