Delaware Property Division
Calculator (2026)
Delaware is an equitable distribution state. The court divides marital property fairly based on statutory factors under 13 Del.C. §1513. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
13 Del.C. §1513
Primary Statute
6-month residency
Min. Residency
Free Property Division Calculator — Delaware
How Property Division Works in Delaware
Delaware is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under 13 Del.C. §1513, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: 13 Del.C. §1513
Separate vs. Marital Property in Delaware
ALL property acquired during marriage is PRESUMED marital regardless of title; gift/inheritance exclusion is CONDITIONAL (sole-name titling or documentation); gifts between spouses ARE marital; increase in value of premarital property is EXCLUDED (§1513(b)(4)).
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Statutory Factors for Property Division in Delaware
Length of marriage
Prior marriage
Age/health/station/income/skills
In lieu of alimony
Future acquisition
Contributions/dissipation
Value set apart
Economic circumstances
Whether property was gift
Debts of the parties
Tax consequences
What Makes Delaware Property Division Unique
Title does NOT control.
Conditional gift/inheritance exclusion.
Premarital appreciation excluded.
11 statutory factors (§1513(a)).
6-month separation required.
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Enter your assets, debts, and situation. Get a personalized property division estimate based on Delaware law.
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Frequently Asked Questions About Delaware Property Division
How is property divided in a Delaware divorce?
Delaware is a equitable distribution state. Equitable distribution with 11 factors. The primary statute governing property division is 13 Del.C. §1513. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
What is considered separate property in Delaware?
ALL property acquired during marriage is PRESUMED marital regardless of title; gift/inheritance exclusion is CONDITIONAL (sole-name titling or documentation); gifts between spouses ARE marital; increase in value of premarital property is EXCLUDED (§1513(b)(4)).
Is Delaware a 50/50 state for divorce?
No. Delaware is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
What makes Delaware property division unique?
Delaware has several unique features: Title does NOT control. Conditional gift/inheritance exclusion.
Know What You're Entitled To in Delaware
Get a personalized property division analysis based on Delaware's equitable distribution laws.
Start My Free DelawareEstimate →This tool provides educational estimates based on Delaware equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Delaware family law attorney before making decisions. Primary statute: 13 Del.C. §1513.