Delaware Property Distribution Laws

Delaware Property Distribution Issues & Resources

Delaware Property Distribution


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 martial 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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