Once a divorce is final, the court can retain jurisdiction over marital property. When people are thinking about divorce or filing for divorce, they want to know, “How does Delaware deal with the division of marital property?” Many folks think it has to be 50/50, and that simply isn’t the case. Delaware law is for an equitable division of property. What that means is fair and just. Therefore, they’ll look at a number of factors.
They’ll look at income, they’ll look at other property that the individuals have, and they’ll want people to go out with a fresh start from the marital relationship. Ordinarily there is a division of percentages, so you might see the marital property be divided 50/50 or it could be 60/40 or it could be 70/30 or it could be 55/45 depending upon all of the factors that the court is going to look at. They’re going to look at age, health, income, property, and the ability to earn future income. Once they look at all of those factors, they’ll then determine what the percentage share should be.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced divorce attorneys in the state of Delaware. Please contact the office for a free initial consultation and get any questions answered.