Delaware Divorce Property Division
What the Law Says
Delaware courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.
Delaware follows equitable distribution principles, with courts dividing marital property in a manner that is just and reasonable given all relevant factors including contributions and economic circumstances.
Statutory Factors (Del. Code tit. 13, §1513)
Delaware courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
Delaware: community property or equitable distribution?
Equitable distribution. Under Del. Code tit. 13, §1513, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a Delaware court weigh?
Del. Code tit. 13, §1513 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does Delaware split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs Delaware's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: Del. Code tit. 13, §1513 AI draft · Full law library entry