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.

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.