{"id":372421,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-marital-property-laws.html"},"modified":"2024-06-11T09:35:47","modified_gmt":"2024-06-11T14:35:47","slug":"delaware-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-marital-property-laws.html","title":{"rendered":"Delaware Marital Property Laws"},"content":{"rendered":"\n
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Delaware Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Delaware, like most states, is an equitable distribution state. All property acquired during the marriage becomes marital property<\/b><\/a>. Delaware courts divide the marital assets and debts equally between the spouses during a divorce or legal separation. They may consider other factors for a fair division of marital property.<\/p>\r\n

Property acquired before marriage is the separate property of each spouse. If the couple has a prenuptial agreement or other arrangement for the disposition of marital property, a judge will accept their agreement. Otherwise, Delaware law restores the separate property to each spouse and divides the marital property equitably.<\/p>\r\n

Nine states have community property laws determining debt and property division in a divorce: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, courts split marital property, or community property<\/a>, 50\/50 between the spouses. All other states use equitable division or the agreement of the parties.<\/p>\r\n

FindLaw\u2019s divorce and property<\/a> section has more information on these topics.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

According to Delaware Code Title 13 \u00a7 1513<\/a>, marital property<\/b><\/a> is all property acquired during the marriage. Separate property can become marital property through \u201ccommingling\u201d if one spouse mixes their separate property with the marital property. It may be intentional, as when spouses combine assets to buy a house or other property. Or it may be accidental, as when spouses use one another\u2019s bank accounts to pay household expenses.<\/p>\r\n

Delaware divorce laws include vested and unvested retirement accounts and pension plans, investment portfolios, and IRAs and 401(k) plans in marital property. If the couple can\u2019t divide these assets themselves, the court must do so for them.<\/p>\r\n

In equitable division states, debt remains the property of whichever spouse acquired the debt, even during marriage, unless the couple acquired the debt to benefit the marriage. Each spouse keeps their own credit card debt.<\/p>\r\n

Separate property<\/b> is any property acquired before marriage or during marriage through the sale or trade of separate property. Delaware law also excludes the following items from marital property:<\/p>\r\n