How is property divided in Delaware?
Delaware is an equitable distribution state. That means marital property is divided in a way the court considers fair given the circumstances, which is not always a fifty-fifty split.
The first step is sorting what is marital property, subject to division, from separate property, which usually stays with one spouse.
What counts as marital property?
Marital property is generally what the couple acquired during the marriage, regardless of whose name is on the title. Separate property usually includes:
- Assets owned before the marriage
- Gifts and inheritances received by one spouse and kept separate
- Property the spouses agreed to keep separate
What about debts, the house, and retirement?
Marital debts are divided along with assets. The family home, retirement accounts, pensions, and a family business often need special attention, and dividing a retirement account may require a separate court order.
Suzanne helps make sure these larger assets are valued correctly and divided in a way that holds up.
How Suzanne helps
Suzanne connects property division with the other parts of your divorce, including support, so your overall outcome makes sense together. Call 302.661.0400 to talk it through.
Common questions
Is Delaware a community property state?
No. Delaware uses equitable distribution, which divides marital property fairly rather than automatically in half.
Does marital fault affect how property is divided?
Delaware courts focus on economic factors when dividing property, so marital fault generally has limited effect.