What are the Laws in Delaware about How Marital Property Will be Distributed After Divorce?

Delaware is an equitable distribution state. In order to distribute the marital property fairly, a Delaware Court will consider all relevant factors including: the length of the marriage; any prior marriage of either party; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; any alimony award; the opportunity for each party to acquire capital assets and income in the future; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker; the value of each party’s separate property; the economic circumstances of each party at the time the decree is to become effective; the desirability of awarding the family home to the parent with primary physical custody of minor children; whether the property was acquired by gift; the debts of each party and; the tax consequences. (Delaware Statutes Title 13, Chapter 15, Section 1513)

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Additional Divorce Articles

Search LawInfo's Divorce Resources