|
Delaware Divorce Information Property Ownership For Divorce Purposes Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," and not necessarily 50/50. Marital fault is not considered when dividing property in Delaware. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift (with restrictions), 3) Property acquired by inheritance, 4) Appreciation of property acquired before the marriage. Alimony At the court's discretion. Marital fault is generally not considered. Except in 20 year or longer marriages, alimony is not granted for a time that exceeds half the length of the marriage. Alimony terminates upon the death of either party, and upon the receiving party's remarriage or cohabitation with another person. Child Support Melson formula, which means the income of both parents is considered, along with the needs of the paying parent. Emancipation is age 18, unless still in high school, in which case it is until high school graduation or age 19, whichever comes first. Courts generally do not order payment of college education costs. Child Support Calculator. Child Support Enforcement The Delaware child support enforcement agency can be found at: www.dhss.delaware.gov/dhss/dcse Divorce Related Statutes For Delaware http://delcode.delaware.gov/title13/index.shtml#TopOfPage Other Resources The Divorce Financial Survival Series |