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Delaware Property Division

Delaware divorce courts follow equitable distribution laws in property division. The Delaware divorce court make decisions about property distribution in a fair manner, regardless of each spouse's conduct during the marriage and divorce.

Factors considered when dividing property during a Delaware divorce include:

  • Length of the marriage
  • Prior marriage of either spouse
  • Age, health and state of each spouse
  • Each spouse's income, vocational skills and employability
  • Estate, liabilities and needs of each party
  • Opportunity for future acquisitions of assets
  • Value of property given to each spouse
  • Tax consequences
  • Martial debt
  • Property given as a gift
  • Property given in lieu of or in addition to Delaware alimony
  • Contribution or dissipation in the acquisition, preservation, depreciation or appreciation of marital property
  • Economic circumstances of each spouse at the time of property division
  • Desire to award the family home to the custodial parent

Connect with a local Delaware divorce attorney to learn how the circumstances of your divorce could affect property division. Call 877-349-1310 or fill out a Delaware divorce case review form to find local Delaware divorce lawyers near you. Learn how you can secure your assets when filing for divorce.

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The above synopsis of Delaware divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Delaware divorce lawyer in your area.

Delaware divorce laws were last updated July 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.