How Delaware Divides Property in Divorce (2026)

Delaware is an equitable distribution state (13 Del. C. § 1513). The Family Court divides marital property fairly based on statutory factors — not automatically 50/50.

Marital vs. Separate Property

Marital Property — Subject to Division

Property acquired by either spouse during the marriage is generally marital property:

• Wages and salaries earned during the marriage
• Real estate purchased with marital funds
• Retirement contributions made during the marriage
• Vehicles, bank accounts, and personal property acquired during the marriage
• Business interests built during the marriage

Separate Property — Generally Stays With Owner

Delaware excludes from marital property (13 Del. C. § 1513(b)):

• Property owned by one spouse before the marriage
• Property acquired by one spouse after the marriage by gift from a third party
• Property acquired by one spouse after the marriage by inheritance
• Property excluded by valid prenuptial agreement

Commingling warning: Mixing separate property funds with marital assets can transform them into marital property. Document all separate property carefully with records showing origin.

Equitable Distribution Factors (13 Del. C. § 1513(c))

Delaware Family Court weighs all relevant factors, including:

1. Duration of the marriage
2. Any prior marriage of either party
3. Age, health, station, amount and source of income, vocational skills, employability, liabilities, and needs of each party
4. Contribution of each party to the acquisition, preservation, depreciation, or appreciation of marital property — including contribution as homemaker
5. Whether alimony has been awarded
6. The economic circumstances of each party at the time of division (including desirability of allowing the custodial parent to remain in the marital home)
7. Tax consequences
8. Such other factors as the court deems necessary or appropriate

Note: Fault/misconduct is generally not relevant to property division in Delaware.

Alimony — Delaware Factors (13 Del. C. § 1512)

Delaware courts have discretion to award alimony. Factors include:

• The financial resources of the party seeking alimony
• Ability to meet needs independently
• Time necessary to acquire education or training for employment
• Standard of living established during the marriage
• Duration of the marriage
• Age, physical and emotional condition
• Financial resources of the paying spouse
• Contribution as homemaker
• Conduct during the marriage (relevant only to alimony)

No formula — judicial discretion. Rehabilitative alimony is common in Delaware.

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required after Final Decree. Marital portion = contributions from date of marriage to date of separation.
• Delaware state employees: Delaware State Pension (stateemployees.delaware.gov) — contact for domestic relations order procedures.
• IRAs: Transfer incident to divorce — Decree language; direct rollover.

Real Estate — Delaware Recorder of Deeds

Real property deed changes must be recorded after the divorce:

New Castle County: New Castle County Recorder of Deeds — Wilmington Kent County: Kent County Recorder of Deeds — Dover Sussex County: Sussex County Recorder of Deeds — Georgetown

Process:

1. Prepare a Quitclaim Deed
2. Execute and notarize
3. Record at the Recorder of Deeds in the county where the property is located
4. Fee: approximately $30–$50 per document
5. Realty Transfer Tax: divorce-related transfers between spouses may qualify for exemption — confirm with the Recorder's office

Last reviewed: March 2026 | Equitable distribution (13 Del. C. § 1513) | Fault not relevant to property | Separate = pre-marital/gifts/inheritances | Alimony: 13 Del. C. § 1512 | QDRO for ERISA plans | Delaware State Pension DRO | Delaware Recorder of Deeds — county level | courts.delaware.gov/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.