Yes. Divorce can be granted on fault and no fault grounds, and property division and alimony are determined without regard to marital misconduct. While divorce can be granted on fault grounds, such as adultery, most divorces are granted on no fault grounds, such as the marriage being irretrievably broken and 6 months of separation.
Delaware’s property division and alimony statutes expressly exclude consideration of fault in the division of marital property and the determination of alimony. Rather, property division and alimony are based upon enumerated statutory considerations. There is however, an important caveat to the general rule that fault is not considered in property division. The Family Court will consider whether and to what extent a spouse dissipated assets, or put differently, engaged in financial waste that did not benefit the marriage. Examples can include, but are not necessarily limited to, hotel bills pursuing affairs, excessive gambling, or drug abuse.
If you have a question about divorce, including whether conduct qualifies as dissipation, you should contact one of our Family Law attorneys.
