Delaware Property Division Calculator

Delaware uses equitable distribution to divide marital property, meaning assets are split fairly but not necessarily equally. Under Delaware Code Title 13, § 1513, the Family Court considers 9 statutory factors including marriage length, each spouse's income and earning capacity, and homemaker contributions. Marital misconduct is explicitly excluded from the court's analysis.

Delaware presumes all property acquired by either spouse during the marriage is marital property under § 1513(c), regardless of whose name appears on the title. This includes real estate, bank accounts, vehicles, retirement benefits, and business interests accumulated between the wedding date and separation. Gifts exchanged between spouses also count as marital property subject to division.

Delaware is an equitable distribution state, not a community property state. Unlike the 9 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) that split assets 50/50, Delaware courts divide property based on what is fair given each spouse's circumstances. In practice, Delaware judges often allocate approximately two-thirds to the higher earner and one-third to the lower earner.

Retirement accounts earned during marriage are marital property in Delaware and require a Qualified Domestic Relations Order (QDRO) for division. Delaware uses the Cooper Formula to calculate the marital portion, covering the period from the marriage date to the divorce date. The non-participant spouse typically receives 50% of the marital portion, and QDRO rollovers to a separate retirement account are tax-penalty-free under IRS rules.

Delaware Code § 1513(a) specifically directs courts to consider awarding the family home to the parent with primary custody of minor children. If neither spouse can afford to keep the home, the court may order a sale and equitable division of proceeds. A home owned before marriage can become partially marital property if both spouses paid the mortgage, a concept Delaware law calls commingling.

Inheritances are generally excluded from marital property division under Delaware Code § 1513(b)(1), provided the inherited assets were titled and maintained solely in your name throughout the marriage. However, if you deposited inherited funds into a joint account or used them to improve marital property, Delaware's commingling rules may convert some or all of the inheritance into divisible marital property.

Delaware courts divide marital debts alongside assets under the same equitable distribution framework in § 1513. Debts incurred during the marriage are generally marital liabilities regardless of whose name is on the account. The court considers each spouse's ability to pay when allocating debt. Credit card balances, mortgages, auto loans, and student loans taken during the marriage are all subject to equitable division.

Delaware Code § 1513(a) lists 9 factors: (1) marriage length, (2) prior marriages, (3) age, health, income, skills, and needs of each spouse, (4) whether the property award replaces alimony, (5) future earning capacity, (6) each party's contribution or dissipation of assets including homemaker contributions, (7) value of property assigned to each party, (8) economic circumstances at time of division, and (9) whether property was acquired by gift.