13 Del. Code Ann. § 1513

Section 1513 authorizes equitable division of marital property but does not give Superior Court jurisdiction to specifically enforce a separation agreement.

Wife A v. Husband A · filed 1975-11-06

While it is clear that when the Superior Court is exercising § 1513 jurisdiction to divide marital property it has broad equity powers, Wife W. v. Husband W., Del.Super., 307 A.2d 812 (1973), aff’d 327 A.2d 754 (1974), nothing in the statute nor in the cases confers jurisdiction upon that Court to specifically enforce a contract, whether it be a separation or commercial agreement.

Section 1513 supports in rem jurisdiction over a jointly held Delaware marital residence in a divorce property division when the nonresident spouse has notice and an opportunity to be heard.

Husband R v. Wife R · filed 1976-09-08

We hold that by reason of the Superior Court’s jurisdiction over the marriage res, Fritz v. Fritz, Del.Supr., 187 A.2d 348 (1962) and marital property of the parties, 13 Del.C. § 1513; M. v. M., Del.Super., 321 A.2d 115 (1974), the Court had in rem jurisdiction over the parties’ jointly-held marital residence in Delaware sufficient to support the order entered in this case.

Section 1513(a) permits equitable division of marital property when a spouse dies after the divorce decree but before the property division hearing.

Husband, Cew v. Wife, Hlw · filed 1979-11-01(a)

Petitioner's death does not defeat the ability of this Court to make an equitable division in accordance with the relevant factors enumerated in 13 Del.C. § 1513(a).

Section 1513(b) treats property received by a spouse before the divorce decree as marital property, absent unfair tactics or a statutory exclusion.

Wife J. v. Husband J. · filed 1976-11-10(b)

I conclude that, in the absence of unfair tactics by the other spouse, property received by a spouse subsequent to the marriage and prior to the divorce decree is marital property, unless excluded under 13 Del.C. § 1513, and should be given due consideration in the property division.

Section 1513(b) treats trust corpus as acquired when a spouse receives it or has the right to receive it, rather than when a future interest vests.

FRANK GW v. MW · filed 1983-02-10(b)

Therefore, we find that the meaning of "acquired" in our statute signifies the actual receipt or the right to receive the corpus of a trust. Thus, the assets of the corpus of the 1953 testamentary trust, the assets of the corpus of the 1956 inter vivos trust and the first distribution of the 1957 testamentary trust are marital property. The final $106,630.00 distribution of the 1957 testamentary trust which occurred after divorce, is non-marital property.

Section 1513(b) includes compensation earned during marriage in marital property even if it is paid after separation.

Glanden v. Quirk · filed 2015-12-07(b)

Under 13 Del. C. § 1513(b), “marital property” means “all property acquired by either party subsequent to the marriage” unless it falls under one of the four statutory exceptions, none of which apply here. ... The Family Court correctly decided that Husband’s January 2013 payment was earned in 2012 and therefore partially includable in the marital estate.

Section 1513(b) treats a bonus earned during marriage as marital property even if it may be forfeited after divorce.

King v. Howard · filed 2017-03-15(b)

That the transaction bonus was subject to forfeiture after it was earned does not affect its status as marital property.

Property acquired during marriage is presumed to be marital property regardless of how it is titled.

Samuels v. Samuels · filed 2025-03-17(c)

“All property acquired by either party subsequent to the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety.” ... Accordingly, we decline to consider the bank records attached to Wife’s opening brief and find no reversible error in the Family Court’s determination that TD Bank account number 0138 was marital property.

Section 1513(b)(3) allows an increase in the retained earnings of a corporation controlled by a spouse to be included in marital property, depending on the circumstances.

Jdp v. Fjh · filed 1979-03-12(b)(3)

We hold that an increase, during the marriage, in retained earnings of a corporation controlled by a spouse may be included in the calculation of the couple's marital property.

Stock dividends received during marriage on premarital shares are marital property because they are not acquired in exchange for the premarital shares.

ECW v. Maw · filed 1980-08-19(b)(1)

And while the value of husband's premarital shares in the Company may have been proportionately reduced by the dividends, no exchange has occurred with respect to his premarital shares. Rather, husband has received additional shares of the Company stock-without giving up any of his previously acquired shares. The fact that the value of husband's previously acquired shares has been reduced is not equivalent to an "exchange."

Section 1513(a)(6) requires consideration of a spouse’s premarital contributions even if the property was commingled and cannot be traced to a current asset.

Harmon v. Harmon · filed 2008-11-20(a)(6)

However, even if the Husband cannot "trace" the premarital property and it is commingled with marital assets, under Del. Code Ann. tit. 13, § 1513(a)(6), the Husband is entitled to some consideration of his contribution.

Section 1513(b)(4) permits division of the marital share of a premarital home when marital funds contributed to its acquisition, even after a short marriage.

Farmer v. Farmer · filed 2009-04-21(b)(4)

In Albanese v. Albanese, [15] we addressed Section 1513(b)(4), which excludes "[t]he increase in value of property acquired prior to the marriage" from marital property. ... Consequently, the Family Court's use of the Albanese process was proper because the home reflected a mixture of premarital and marital acquisitions.

Section 1513(b) permits a narrow exception for real property acquired before marriage that both parties intended to become marital property, but does not permit division of premarital wedding debts.

Garrison v. Downing · filed 2020-02-26(b)

In the future, the Family Court should limit the equitable exception to cases involving real property where the evidence shows that it was the parties’ intention that the property, although acquired in the name of one party prior to marriage, was to become marital property upon their marriage. Any enlargement of the equitable exception beyond that must come from the General Assembly. The Family Court’s judgment dividing premarital debts in this case is reversed.

Section 1513(b)(2) does not automatically exclude property given by one spouse to the other from marital property; the spouse seeking exclusion must prove an agreement to exclude it.

Husband Rtg v. Wife Gkg · filed 1979-12-10(b)(2)

Such transfer and acceptance (a "gift") may be an "agreement" within the meaning of § 1513(b)(2), but not necessarily so. Whether it is or not depends upon the facts.

Section 1513(a)(9) requires the Family Court to consider whether marital property was acquired by gift, but a possible gift need not result in a significantly larger award to one spouse.

Girardi v. Olsen · filed 2023-03-13(a)(9)

Rather, the Family Court considered Factor 9 and concluded that any possible gift of funds from the Ex-Wife’s father for the purchase of the marital home did not weigh in favor of awarding her a significantly greater percentage of the value of the house. The Family Court thus did not err as matter of law in applying Section 1513(a).

Section 1513(a) requires the Family Court to equitably divide, distribute, and assign marital property.

Orbitz v. Abbott · filed 2016-10-24(a)

Under 13 Del. C. § 1513, the Family Court is required to “equitably divide, distribute and assign the marital ... property.”... After carefully considering the parties’ briefs and the record, including the transcript of the ancillary hearing, we are satisfied that the Family Court acted within its discretion when dividing the parties’ marital estate and denying Wife’s request for alimony.

Section 1513 requires the Family Court to apply its criteria before transferring one spouse’s existing interest in jointly owned property to the other spouse.

Wife (Lr) v. Husband (Ng) · filed 1979-07-25

The Court has the power to require such a transfer but, given the wife's legal and equitable interest in the property at the time of hearing, she is entitled to have the Court apply the § 1513 criteria before that is done.

Section 1513 gives the Family Court broad discretion to divide marital property using the statutory factors.

Lr v. Ng · filed 1980-02-06

As we noted in our prior opinion in this matter, the Family Court has a broad discretion in dividing marital property under § 1513.

Section 1513(a) gives the Family Court wide discretion to divide marital property in proportions it deems just, but delaying payment for a spouse’s share of the family home can be an abuse of that discretion.

Gwm v. Im · filed 1980-05-21(a)

There is a wide discretion vested in Family Court to assign marital property to either or both of the spouses "in such proportions as the Court deems just." 13 Del.C. § 1513(a); J. D. P. v. F. J. H., Del.Supr. en banc, 399 A.2d 207, 210 (1979); M v. M, Del.Supr., 321 A.2d 115 (1974).

Section 1513(a) permits a court to award a marital asset after weighing the property division factors, even without fixing its exact value, when the award falls within the evidentiary range.

Husband B. W. D. v. Wife B. A. D. · filed 1981-10-20(a)

The Family Court had a range of estimated values before it when it considered other factors such as: the manner of the ring's acquisition; the wife's age, limited skills, and lack of employability; the husband's "vastly superior" ability to acquire future income and capital; the length of the marriage; and the ten year period, without interest, before the wife receives full payment for her share of the marital settlement. See 13 Del.C. §§ 1513(a)(1), (a)(3), (a)(5), and (a)(9). Upon our review of the Trial Court's consideration of the factors above, we find no abuse of discretion in awarding the wife the ring, whatever its value within the evidentiary range.

Section 1513(a) requires the Family Court to divide marital property equitably, without regard to marital misconduct, after considering all relevant factors.

Hughes v. Peterson · filed 2012-03-13(a)

Pursuant to section 1513, upon request of either party, the Family Court shall equitably divide, distribute and assign marital property to the parties without regard to marital misconduct, in such proportions as the Family Court deems just after considering all relevant factors.

Section 1513(a) requires the Family Court to address both spouses’ pensions and properly raised claims for credits when equitably dividing marital property.

Smart v. Smart · filed 2015-04-06(a)

We agree with Husband’s assertion that the Family Court erred in failing to address Wife’s State pension in its equitable division of the parties’ marital assets. Moreover, the Family Court did not address Husband’s claim for credit for household payments he made after the parties’ separation or his claim for equitable credit for the harm he suffered from discharging the parties’ marital debt in bankruptcy.

Section 1513 gives the Family Court broad discretion when dividing marital property.

Clarke v. Charles · filed 2015-04-08

The Family Court has broad discretion when dividing marital property pursuant to 13 Del. C. § 1513.

Section 1513(a) requires the Family Court to consider statutory factors when equitably dividing marital property and to support its decision with factual findings.

Schmidt v. Schmidt · filed 2018-08-23(a)

Contrary to Mason’s reading, the court diligently reviewed the statutory factors found in 13 Del. C. § 1513 and made specific factual findings in support of its decision.

Section 1513(a) calls for consideration of all relevant factors when dividing marital property and gives the Family Court broad discretion to set each spouse’s share.

Allen v. Hart · filed 2024-04-08(a)

In determining how to divide the parties’ marital property, the Family Court considers all relevant factors, including the factors listed in Section 1513(a). ... The Family Court “has broad discretion in fixing the percent of the marital assets to award to each spouse” under Section 1513.

Section 1513(a) permits an unequal division of marital property and debts based on the spouses’ relative financial prospects.

Winston, Audrey v. Winston · filed 2026-01-27(a)

Nevertheless, the court awarded Ex-Wife 65% of the marital estate and 35% of the ... marital debts in recognition of Ex-Husband’s more favorable financial prospects. The court appropriately exercised its equitable discretion in the circumstances of this case.

Section 1513 governs the factors the Family Court may consider when dividing marital property; an unaccepted settlement proposal is not a permissible basis for the division.

Abdel Gs v. Hk · filed 1982-11-17(a)

Nothing in our law suggests that the Family Court may exceed its powers and consider matters other than those set out in 13 Del.C. § 1513. Moreover, Delaware law rejects reference to "evidence" of negotiations which the court here not only considered, but adopted "as the order of the Court".

Section 1513(a)(6) permits a property award even when one spouse has dissipated all available marital property, and the award may be paid from future trust income.

Aid v. Pmd · filed 1979-11-07(a)(6)

Therefore, in accordance with the legislative inclusion of expended property in the determination of an equitable division of property under § 1513(a)(6) and the Act's broad remedial purpose, J.D.P. v. F.J.H., Del.Supr., 399 A.2d 207, 210 (1979), we conclude that the present nonexistence of marital property does not preclude an award under § 1513 to be satisfied out of future trust income, if necessary. We hold that it was within the equitable powers of the Family Court to make an award under § 1513 out of future trust income where, as here, one party has "squandered" or "wasted" all of the presently available marital property to the exclusion of the other party.

Section 1513(a)(6) requires courts dividing marital property to consider a spouse's dissipation of marital income or other marital property.

Eec v. Ejc · filed 1983-01-25(a)(6)

Clearly, then, evidence of a party's "dissipation" of marital income or other marital property is a statutory factor to be considered in arriving at an equitable division of marital property.

Section 1513 permits the Family Court to divide marital property equitably without an expense-by-expense accounting of post-separation withdrawals.

MacIntosh v. MacIntosh · filed 2018-04-11

The court was entitled to base its decision on principles of equity and not an expense-by-expense analysis of the post-separation withdrawals.

Section 1513 permits a court to decline to treat a retirement account distribution as marital debt when the proceeds were used to sustain a marital asset.

Langford v. Langford · filed 2019-02-19(a)

Under 13 Del. C. § 1513, the Family Court is required to “equitably divide, distribute and assign the marital property.”3 ... On the issue of how to treat the retirement account distribution, the Family Court determined as follows: The Court declines to consider the $25,484.59 distribution from Wife’s 401k because, as Wife testified, the proceeds were used to sustain a marital asset. Similarly, the Court declines to award Husband any portion of the rent collected, as that too was applied to a jointly held debt and sustained a marital asset that Husband seeks a portion thereof. Under the circumstances as reflected in the record, we find no error of law or abuse of discretion in the court’s ruling.

Section 1513 requires the Family Court to consider the parties’ debts when dividing marital property.

Harold v. Harold · filed 2019-09-26(a)(10)

13 Del. C. § 1513 requires the Family Court to consider the parties’ debts when determining property division.

Section 1513 permits a credit for mortgage payments one spouse made after separation when the other spouse continued to live in the marital home.

Mack v. Mack · filed 2021-12-16

After careful consideration of the record, we conclude that the Family Court appropriately considered Ex-Husband’s extended stay in the marital residence after separation and the fact that Ex-Wife assumed responsibility for all mortgage payments when ordering that credit.

Section 1513 gives the Family Court broad discretion to dispose of marital property, including the family residence, after considering pertinent facts.

RET v. Alt · filed 1979-12-28

It is settled Delaware law that, in disposing of property following divorce, the Trial Court has broad powers under the governing statute, 13 Del.C. § 1513. ... As to the family residence, the Court considered all pertinent facts under 13 Del.C. § 1513, and ordered an arrangement which is not an abuse of discretion.

Section 1513 gives the Family Court broad discretion to divide marital property, including ordering the sale of a home when the parties cannot agree on its value.

Walsh v. Walsh · filed 2026-04-06

The Family Court has broad discretion when dividing marital property under 13 Del. C. § 1513,13 and we conclude that the Family Court did not abuse its discretion by ordering the sale of the marital home here.

Section 1513 permits the trial court to consider interim awards to a spouse when dividing marital property at the final hearing.

Husband v. Wife · filed 1976-10-21

And, second, in the disposition of marital property under 13 Del.C. § 1513 the Trial Court, at final hearing, can consider amounts awarded to a spouse on an interim basis.

Section 1513(a)(4) allows a court to award marital property in lieu of alimony.

LAWSON-HARRIS v. Harris · filed 2008-07-15(a)(4)

We find no error or abuse of discretion on the part of the Family Court in its decision to award Wife the value of Husband's share of the marital home in lieu of alimony pursuant to Del. Code Ann. tit. 13, § 1513.

Section 1513(a)(5) permits a court to consider a military pension when allocating marital property, even though the pension itself cannot be divided.

Landanarf v. Landanarf · filed 1981-08-17(a)(5)

Since the military pension benefits are not marital property, I cannot award a portion of the pension or its benefits to wife nor can I value that asset and then allocate an offsetting award of marital property to wife as the non-military spouse; and the stipulation does not alter this result. I will, however, consider the existence of the military pension in allocating marital property between the parties.

Section 1513(b)(1) excludes the portion of a disability pension attributable to bodily injuries from marital property subject to equitable division.

Simms v. Greene-Simms · filed 2009-01-08(b)(1)

For reasons that follow, this Court is holding that $34,979.34 per year of Husband’s New York City Pension Plan is not marital property, and therefore not subject to equitable division, because that portion of his payment is attributable to bodily injuries he received.

Section 1513(e) permits an order continuing a life insurance policy only if it was purchased during the marriage and a party owns or controls it; the court may not change its existing beneficiary interests.

Killen v. Alben · filed 2023-09-07(e)

Therefore, before the Family Court may order a policy’s continued maintenance, the court must determine whether the policy at issue was purchased during the marriage and whether either party owned or effectively controlled the policy. ... The statute therefore precludes the Family Court from ordering the addition or removal of beneficiaries as well as the enlargement or reduction of the existing designees’ beneficiary interests.

Section 1513 provides a framework for awarding ownership of a companion animal in a divorce; unmarried co-owners may seek partition instead.

Callahan v. Nelson · filed 2025-05-07

If the parties had been married, the Family Court could have determined ownership of Tucker under Title 13, Section 1513. But because they were not, partition provides the mechanism for these co-owners to sever their property interests.