Delaware follows equitable distribution. Family Court first decides what property and debt are marital, values the marital estate, and then divides it in proportions the Court considers just under 13 Del. C. § 1513. An equal division is possible, but Delaware law does not require a 50/50 result in every case.

Delaware Family Court makes all custody decisions based on the best interests of the child—not what’s most convenient for parents. The court considers two types of custody:

Legal Custody (Decision-making): The right to make major decisions about education, healthcare, religion, and activities. Delaware courts prefer joint legal custody where both parents share decision-making.

Residency (Physical Custody): Where the child lives day-to-day. This can be primary (mostly with one parent) or shared (substantial time with both parents).

When a couple gets divorced, they often divide their property and assets. This can include things like money in bank accounts, retirement funds, real estate, or other valuable property. If you receive disability benefits, you may wonder whether getting property in a divorce could affect those benefits.

The answer depends on which disability program you receive.

When you’re going through a divorce in Delaware, dividing retirement accounts can be one of the most complex challenges you’ll face. If you or your spouse have a 401(k), pension, or other employer-sponsored retirement plan, you’ll need a special court order called a Qualified Domestic Relations Order—or QDRO—to divide those accounts without devastating tax penalties.

At Maven Law, we help families navigate divorce in Delaware with clarity and confidence. Here’s what you need to know about QDROs.

If you’re engaged and starting to plan your future, you may be wondering whether a prenuptial agreement is something you should have.

For many couples in Delaware, especially those getting married for the first time, the question is not about divorce. It is about clarity. A prenup allows you to decide in advance how finances would be handled if the marriage ever ended.