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
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
Only MARITAL property divisible. Premarital/gifts/inheritances are separate.
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.
Length of marriage
Prior marriage
Age/health/station/income/skills
In lieu of alimony
Future acquisition
Contributions/dissipation
Value set apart
Economic circumstances
Only MARITAL property divisible.
Misconduct NOT a factor.
8 statutory factors.
6-month separation required.
Enter your assets, debts, and situation. Get a personalized property division estimate based on Delaware law.
Delaware is a equitable distribution state. Equitable distribution with 8 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.
Only MARITAL property divisible. Premarital/gifts/inheritances are separate.
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.
Delaware has several unique features: Only MARITAL property divisible. Misconduct NOT a factor.
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.