Delaware Marital Settlement Agreement
A Delaware marital settlement agreement lets divorcing spouses divide their marital property equitably, set alimony, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
Delaware's equitable-distribution statute expressly lets divorcing spouses exclude property from the marital estate by their own valid agreement rather than leave the division to the Family Court (13 Del. C. 1513), and a marital settlement agreement is that written contract, the one spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the decree that ends the marriage. Delaware is an equitable distribution state: on divorce the court equitably divides marital property in the proportions it deems just after weighing all relevant factors, without regard to marital misconduct (13 Del. C. 1513). Equitable does not mean an automatic 50/50 split, and section 1513 lets spouses exclude property from the marital estate by their own valid agreement, which is exactly what a Delaware marital settlement agreement does, letting you set the division yourselves instead of leaving it to the court. Delaware has no statewide formula for the amount of alimony; alimony is available only to a dependent party, and eligibility is capped at 50 percent of the length of the marriage, except that for a marriage of 20 years or longer there is no time limit (13 Del. C. 1512). Custody and child support follow Delaware's child support guideline, the Melson Formula applied by the Family Court, stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. A divorce also requires that the marriage be irretrievably broken and that the parties live separate and apart for 6 or more months before the ruling (13 Del. C. 1503, 1505). DocDraft builds your Delaware marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In Delaware, where child support is set by the Melson Formula applied in the Family Court (13 Del. C. 513), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
- 2
Delaware is an equitable distribution state: on divorce the court equitably divides marital property in the proportions it deems just after weighing all relevant factors, without regard to marital misconduct (13 Del. C. 1513). Equitable does not mean an automatic equal 50/50 split.
- 3
Section 1513 lets spouses exclude property from the marital estate by their own valid agreement, so a Delaware marital settlement agreement can set the property division you both accept instead of leaving the split to the court.
- 4
Delaware has no statewide formula for the amount of alimony. Alimony is available only to a dependent party, and eligibility is capped at 50 percent of the length of the marriage, except that for a marriage of 20 years or longer there is no time limit (13 Del. C. 1512). The court weighs the 1512 factors.
- 5
Child support follows Delaware's child support guideline, the Melson Formula, applied by the Family Court (13 Del. C. 513). Parents may agree on an amount, but it is subject to court approval; custody and child support stay court-approved and modifiable and cannot be bargained away.
- 6
A divorce in Delaware requires that the marriage be irretrievably broken and that the parties live separate and apart for 6 or more months immediately before the ruling on the petition (13 Del. C. 1503, 1505). Separation can occur under one roof if the spouses use separate bedrooms and do not have sexual relations.
- 7
A Delaware marital settlement agreement must be a valid written agreement signed by both spouses. No Delaware statute located requires notarization of a property settlement agreement, but signing before a notary can help prove the signatures are genuine.
Key decisions before you file
Before you file a Marital Settlement Agreement in Delaware, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Delaware Requirements for Marital Settlement Agreement
Equitable Distribution of Marital Property
Delaware is an equitable distribution state. On divorce the court equitably divides marital property in the proportions it deems just after weighing all relevant factors, without regard to marital misconduct (13 Del. C. 1513). Equitable does not mean an automatic equal 50/50 split.
Divide by Valid Written Agreement
Section 1513 lets the parties exclude property from the marital estate by their own valid agreement (13 Del. C. 1513). A Delaware marital settlement agreement uses that rule, so the spouses can set a division that fits their situation rather than leaving the split to the court.
Alimony Only for a Dependent Party
Alimony in Delaware is available only to a dependent party, meaning a spouse who lacks sufficient property to meet reasonable needs and cannot support themselves through appropriate employment (13 Del. C. 1512). The court weighs the section 1512 factors to set any award.
Alimony Duration Cap
Eligibility for alimony is capped at 50 percent of the length of the marriage, except that for a marriage of 20 years or longer there is no time limit (13 Del. C. 1512). Delaware has no statewide formula for the amount of alimony.
Child Support Follows the Guideline
Child support follows the Delaware child support guideline, the Melson Formula, applied by the Family Court (13 Del. C. 513). Parents may agree on an amount, but only subject to court approval. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Delaware marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Delaware marital settlement agreement must be a valid written agreement signed by both spouses. No Delaware statute located requires notarization of a property settlement agreement, but signing before a notary can help prove the signatures are genuine.
Separation and Incorporation Into the Decree
A Delaware divorce requires the marriage be irretrievably broken and the parties live separate and apart for 6 or more months before the ruling (13 Del. C. 1503, 1505). Once signed, the agreement can be submitted to the Family Court and incorporated into the decree so its terms carry the force of a court order.