Division of Property and Albanese Claims --  A Starting Guide to Understanding Property Division in the State of Delaware

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.