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Delaware divorce - Property Distribution.


Delaware is an "equitable distribution" state. A spouse's separate Property is that which is:
 
(1) obtained prior to the Marriage; (2) obtained by inheritance; (3) specified as separate Property by an agreement between the spouses; or (4) Property acquired in exchange for separate Property or an increase in value of separate Property.
 
The spouse who owns such Property retains all separate Property. Marital Property acquired during the Marriage, including any Property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:
 
(1) the contribution of each spouse to the acquisition of the marital Property, including the contribution of each spouse as homemaker; (2) the value of each spouse's personal Property; (3) the economic circumstances of each spouse at the time the division of Property is to become effective; (4) the length of the Marriage; (5) the age and health of the spouses; (6) the occupation of the spouses; (7) the amount and sources of income of the spouses; (8) the vocational skills of the spouses; (9) the employability of the spouses; (10) the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (11) the federal income tax consequences of the court's division of the Property; (12) liabilities of the spouses; (13) any prior Marriage of each spouse; (14) whether the Property award is instead of or in addition to maintenance; (15) how and by whom the Property was acquired; and (16) any custodial provisions for the children.
 
[Delaware Code Annotated; Title 13, Chapter 1513].
 
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