Property Division & Alimony

A Fair and Equitable Division of Assets

Property Division and Alimony in Your Delaware Divorce

The Delaware laws concerning property acquired during marriage are specific, yet the definition of property is open to interpretation. Likewise, the value of certain assets can be difficult to gauge. Either of these issues can lead to expensive and protracted litigation. We aim to settle these matters out of court where feasible to reduce expenses and resolve divorce efficiently, but we are fully prepared to fight for our clients in court.

With over 20 years of experience and access to qualified experts, the divorce lawyers of Rahaim & Saints work diligently to protect your financial interests in divorce. Our Wilmington, Delaware firm represents men or women statewide in asset negotiations or litigation. We are adept at correctly and effectively applying a comprehensive understanding of statutes governing property division. We routinely handle divorces for clients with considerable estates and complex issues, as well as clients who can't afford a protracted legal battle that will only drain more resources from the family. Contact us today to arrange your initial consultation.

Division of Marital Property

Delaware is an equitable distribution state. Property division is not necessarily 50-50, taking into account factors such as one spouse delaying a career for child-rearing and homemaking responsibilities. We are skilled at (a) applying the law regarding the characterization of assets as marital or non-marital and (b) determining an accurate value of assets.

The marital home often presents the biggest dilemma in property division. If you can agree, one party may keep the house and refinance it. Otherwise, a court may order that the home be sold and the equity split according to the divorce agreement. We have extensive experience in Albanese claims — if the house or any other qualifying asset is owned in your spouse's name, you may still be entitled to share in the equity gained during your marriage. Gifts of inheritance between spouses may also constitute marital property in most cases, but there may be exceptions.

Retirement assets, such as a 401(k), pension, IRA, or annuities, also present legal issues. In general, assets accumulated during a marriage are considered marital assets, but the portion accumulated before marriage is separate property. In preparing a QDRO (qualified domestic relations order), our divorce lawyers apply the Cooper formula and other applicable legal precedents to ensure that you get your fair share or give up no more than your share. As necessary, we hire independent appraisers and experts for the valuation of a business or professional association.

Alimony

Spousal maintenance, or alimony, may be awarded by the court, depending on a number of factors. The parties' incomes and reasonable monthly expenses are the primary considerations in granting of support. In marriages of 20 years of more, lifetime alimony may be awarded. In marriages of less than 20 years, alimony typically lasts for half the length of the marriage. Alimony and child support are deducted from each other, so you cannot be made to "pay double." We can also assist in filing for temporary alimony from the date you are physically separated, if you cannot meet reasonable monthly expenses and the other party can.

Property division can be complex, but our knowledgeable divorce lawyers are up to the task of sorting out the legal issues and protecting your interests. Call our Wilmington office (302-892-9200) and Newark office (302-832-1800) for a discreet consultation if you are considering divorce.