How is marital property divided in Delaware?

  • When contemplating or carrying out a filing for divorce, people want to know how Delaware deals with division of marital property. Delaware law is based on an “equitable division of property”, which may NOT be 50/50.
  • Based on an examination of age, health, income, property, and expectation of future income, property is divided. It could be 50/50, 60/40, 70/30 or other split, depending on what the court sees as “fair and just.”