Divorce is rarely an easy process. Due to the nature of separation, often frustration is a heavy component in many divorce proceedings that curb effective communication between separated spouses. Combine this frustration with a significant amount of intertwined marital property, children, or even debts, and you effectively get a recipe for disaster. In some cases, Divorce can be as “simple” as divorces get, in which the parties can agree to a resolution of marital property without much issue. It is for those other, messier cases, however, that understanding the way that your property will be divided in Delaware Courts can so important.
What is Marital Property?
When defining your rights as it pertains to marital property, we first must define what exactly “marital property” is. Put simply, marital property generally includes assets acquired by either spouse during the marriage, regardless of whose name they are held in. It can come in many shapes and sizes, and some examples may even surprise you! The most common examples include the following:
Real Estate: A house, vacation home, or other property purchased during the marriage;
Vehicles: Cars, trucks, motorcycles, or boats purchased during the marriage;
Employment Income: Wages, salaries, bonuses, or other earnings received during the marriage;
Retirement Accounts: Contributions to a 401(k), pension, IRA, or other retirement account made during the marriage;
Bank Accounts: Money accumulated in checking, savings, or investment accounts during the marriage;
Debts: Mortgages, credit card balances, personal loans, and other debts incurred during the marriage;
Businesses: Businesses established during the marriage, or marital interests acquired in an existing business;
Household Items: Furniture, appliances, electronics, and other personal belongings purchased during the marriage; and
Pets: Yes, even your beloved pets may be considered marital property.
Of course, this is not to say that everything you own automatically becomes marital property simply because you are married. Certain assets, such as property owned before the marriage, gifts, or inheritances received individually, may qualify as nonmarital property under Delaware law.
How will the Court divide Marital Property?
This distinction becomes important in many divorce cases. When a couple files for divorce requesting property division, the Court must first figure out what all can be divided. Once that determination is made, the Court generally begins with the idea of an equal, 50/50 division of the marital estate.
This does not that 50/50 is the final result. Instead, Delaware law requires the Court to divide marital property in a way considered equitable, or fair. Equitable often does not mean equal, and depending on the circumstances, the Court may determine that one spouse is entitled to a greater share of the marital estate than the other.
For example, under Delaware Code Title 13, Section 1513, the Court may consider the length of the marriage, each spouse's income and earning potential, their respective financial circumstances, and whether one spouse made significant contributions to the marriage as a homemaker or stay-at-home parent. These are just a few of the factors that may influence how marital property is ultimately divided. If you are curious about whether you qualify, or whether your spouse will qualify for increased property division consideration, it is important to seek legal counsel to best understand your rights and how to protect your interest in the marital property.
What Happens When a Spouse Owned Property Before the Marriage?
One issue that continuously pops up, however, is found in the following scenario: Let’s say you are a spouse marrying or remarrying to someone who already owns a house, and your name is not on the deed. After ten years, you divorce. The question then becomes—how will the Court divide the home, when my name was not on the deed? After all, the person coming into the home would greatly prefer the home to be fully included, and the person having already owned the home, would prefer that their home, which they bought on their own, stay theirs.
To answer this question, the Court developed what is called an Albanese claim. In Albanese v. Albanese, 676 A.2d 900 (Del. 1996), the Court provided that Delaware aligns itself with the other states that “do not view the time of taking of title to property as determinative of the post-marital claims of the other spouse.”
Put simply, this means that, in some cases, just because your spouse owned property before the marriage does not necessarily mean you have no claim to the value accumulated during the marriage. In other words: If marital funds or contributions helped increase the property's value, you may be entitled to a portion of that value, even if your name was never on the deed.
For example, let’s imagine the scenario from before: You, the spouse, are coming into a marriage with a partner owning a $500,000 house. You divorce ten years later, and through a mixture of renovations and inflation, the house is now worth $1 million. While that $500,000 may still be afforded to your spouse for their premarital interest, you may be entitled to a portion of the $500,000 in equity that the home accrued. Thus, both parties walk away with something.
Understanding Your Rights to Marital Property in Delaware
Whether you are considering divorce, currently navigating the divorce process, or simply trying to understand your rights to marital property, knowing what you may be entitled to is an important first step toward protecting your future.
If you have questions about marital property division in Delaware or believe you may have a claim to property owned by your spouse before the marriage, contact Maven Law to schedule a consultation. Our experienced family law attorneys can help you understand your rights, evaluate your marital estate, and determine the appropriate steps to protect your financial interests.
Call Maven Law today to schedule a consultation and discuss your Delaware divorce and property division needs.
