Delaware
Does Delaware Allow Legal Separation? What the Law Provides (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 7 primary sources cited on this page. How we verify our legal content
Delaware's statutes do not provide a court decree of legal separation. In Delaware, being "separated" is a condition you meet before a divorce, defined in 13 Del. C. § 1503(8), not a status a court grants. Spouses who want court orders without a divorce can use the Family Court's support and separate maintenance jurisdiction under 13 Del. C. § 507, and separation agreements are enforceable there.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers whether Delaware law provides legal separation, based on 13 Del. C. ch. 15 (the Delaware Divorce and Annulment Act), ch. 5 (support, §§ 501 to 509, with the enforcement subchapters §§ 511 to 524) and ch. 1 subch. I (marriage, §§ 101 to 129), and the alternatives in §§ 502 and 507. It does not cover how support amounts are calculated, protective orders, custody procedure, or other states' law. For divorce, see Delaware divorce laws.
Does Delaware have legal separation?
Not as a court decree. The Delaware family statutes cited on this page contain no action for a decree of legal separation.
The evidence is the code itself. The Title 13 chapter list (chapters 1 through 25) has no chapter on separation. Chapter 15, the Delaware Divorce and Annulment Act, runs from § 1501 to § 1523 and covers the short title, purpose, definitions, jurisdiction, divorce, annulment, the petition, jurisdiction over the respondent, interim orders, enforcement, the response, alimony, marital property, name, attorneys' fees, hearings, contested and noncontested cases, the decree, modification, independence of provisions, decrees of other states, procedural rights and appeal. None of those sections creates a separation decree. The support sections in chapter 5, subchapter I (§§ 501 to 509) and the marriage sections in chapter 1, subchapter I (§§ 101 to 129) do not create one either. Chapter 5's civil-enforcement subchapter (§§ 511 to 520) deals with enforcing support orders, and its criminal-enforcement subchapter (§§ 521 to 524) is repealed.
One limit: this page does not cite a court page that says in so many words that Delaware has no legal separation.
What "legally separated" means in Delaware
The phrase still appears in Delaware practice, but it describes a fact, not a court order. The Delaware Family Court's divorce page explains:
"before you file for divorce, you and your spouse must be legally separated. Under Delaware law, in order to be legally separated, you can still be separated if you live in the same house so long as you do not share the same bedroom with your spouse or have sexual relations with your spouse."
The statute's definition, in 13 Del. C. § 1503(8), ties separation to the divorce ruling:
"'Separation' means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under § 1505(b)(2) of this title"
Section 1505(b)(2) covers marriages characterized by misconduct. For divorce grounds and how the 6 months works, see Delaware divorce laws.
Alternatives to legal separation in Delaware
| Option | What the statute provides | Cite |
|---|---|---|
| Spousal support or separate maintenance | "The duty to support a spouse rests upon the other spouse." The Family Court "shall have and exercise all other jurisdiction and powers relating to support and separate maintenance actions heretofore possessed by the Chancellor or the Court of Chancery of the State." The Family Court also has exclusive original jurisdiction over actions under chapter 5. | 13 Del. C. §§ 502, 507 |
| A separation agreement | The Family Court has "exclusive jurisdiction over the construction, reformation, enforcement and rescission of agreements made between future spouses, spouses and former spouses concerning the payment of support or alimony, the payment of child support or medical support, the division and distribution of marital property and marital debts and any other matters incident to a marriage, separation or divorce." | 13 Del. C. § 507(a) |
| Divorce | A divorce on the ground of irretrievable breakdown, with the separation period in § 1503(8) | 13 Del. C. §§ 1503(8), 1505(b) |
A separation agreement or a support order does not end the marriage. For alimony, see Delaware alimony laws, and for children, Delaware child custody laws and Delaware child support laws.
Where to get help
The Delaware Family Court's divorce and annulment page explains the separation requirement and links to its instruction packets. A lawyer licensed in Delaware can explain which of the options above fits a particular situation.
Disclaimer: This article provides general legal information about separation under Delaware law, based on 13 Del. C. chapters 1, 5 and 15. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Delaware or the Delaware Family Court.
Related
- Legal separation laws in every state
- Delaware divorce laws
- Delaware alimony laws
- Delaware child custody laws
- Delaware child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get a legal separation in Delaware?
Delaware's divorce and annulment chapter, 13 Del. C. ch. 15, contains no section creating a legal separation decree. Spouses can instead seek support or separate maintenance in Family Court (13 Del. C. §§ 502, 507) or make a separation agreement the Family Court can enforce (§ 507(a)).
Can you be separated and live in the same house in Delaware?
The Delaware Family Court says you can be legally separated while living in the same house so long as you do not share the same bedroom or have sexual relations with your spouse.
How long do you have to be separated before divorce in Delaware?
13 Del. C. § 1503(8) defines separation as living separate and apart for 6 or more months immediately before the ruling on the divorce petition, except for marriages characterized under § 1505(b)(2).
Can I get spousal support in Delaware without filing for divorce?
Under 13 Del. C. § 502 the duty to support a spouse rests on the other spouse, and the Family Court has jurisdiction over support and separate maintenance actions (§ 507).
Are separation agreements enforceable in Delaware?
The Family Court has exclusive jurisdiction over the construction, enforcement and rescission of agreements between spouses on support, alimony, child support and marital property, including matters incident to a separation (13 Del. C. § 507(a)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Delaware Code, Title 13 (Domestic Relations), Chapter 005 (DESERTION AND SUPPORT)
§ 507Jurisdiction in Family Court; termination of Chancery Court jurisdiction.In force
(a) The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter. The Court shall have exclusive jurisdiction over the construction, reformation, enforcement and rescission of agreements made between future spouses, spouses and former spouses concerning the payment of support or alimony, the payment of child support or medical support, the division and distribution of marital property and marital debts and any other matters incident to a marriage, separation or divorce. The Court shall have jurisdiction to resolve any issues resulting from the construction, reformation, enforcement or rescission of an agreement. In this regard, the Court shall apply the statutory factors set forth in Chapters 5, 6 and 15 of this title. The Court shall have and exercise all other jurisdiction and powers relating to support and separate maintenance actions heretofore possessed by the Chancellor or the Court of Chancery of the State.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
§ 502Duty to support spouse.In force
The duty to support a spouse rests upon the other spouse.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Delaware Code, Title 13 (Domestic Relations), Chapter 015 (DIVORCE AND ANNULMENT)
§ 1505Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation.In forcecited in 2 of our articles
(a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. (b) A marriage is irretrievably broken where it is characterized by: (1) Voluntary separation; or (2) Separation caused by respondent’s misconduct; or (3) Separation caused by respondent’s mental illness; or (4) Separation caused by incompatibility. (c) Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under paragraph (b)(2) of this section. (d) The only defense to a divorce action shall be the failure to establish either: (1) The marriage of the parties; or (2) Jurisdictional requirements of § 1504 of this title; or (3) That the marriage is irretrievably broken; or (4) A defense permitted under subsection (c) of this section because of the characterization of the marriage under paragraph (b)(2) of this section.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at delcode.delaware.gov
Also relied on in: Delaware Divorce Laws (2026): Grounds, Residency, and Process
§ 1503Definitions.In forcecited in 2 of our articles
For purposes of this chapter: (1) “Actually resided” means was domiciled. (2) “Commencement of the action” means the time of filing the petition. (3) “Companion animal” means an animal kept primarily for companionship instead of as any of the following: a. A working animal. b. A “service animal” as defined in § 4502 of Title 6. c. An animal kept primarily as a source of income, including “livestock” as defined in § 7700 of Title 3. (4) “Court” means Family Court of the State. (5) “Incompatibility” means marital rift or discord that has destroyed the marriage relation, without regard to the fault of either party. (6) “Mental illness” means mental incapacity or infirmity so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- Husband D. v. Wife D. (Delaware Family Court 1977, 383 A.2d 302)“…xpected to continue in that relation” within the meaning of 13 Del.C. § 1503(5). Mr. D. is presently 62 years…”
- Wife (J. F. v. v. Husband (O. W. v. Jr.) (Supreme Court of Delaware 1979, 402 A.2d 1202)“…g the commencement of the action.” 2 . 13 Del.C. § 1503(9) provides: “ ‘Actually resid…”
- C. v. C. (Supreme Court of Delaware 1974, 320 A.2d 717)“…te was codified in 1935 Revised Code, § 3514 and in 1953 at 13 Del.C. § 1503. In 1972 it was renumbered [13 Del.C. §…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 13 Del. C. ch. 15, Delaware Divorce and Annulment Act (§§ 1501-1523, incl. § 1503(8) separation definition and § 1505)(delcode.delaware.gov).gov
- 13 Del. C. ch. 5, subch. I (§§ 501-509, incl. § 502 duty to support a spouse and § 507 Family Court jurisdiction)(delcode.delaware.gov).gov
- Delaware Code Title 13 (chapter list, chapters 1-25)(delcode.delaware.gov).gov
- 13 Del. C. ch. 1, subch. I (§§ 101-129, marriage)(delcode.delaware.gov).gov
- Delaware Family Court: Divorce and Annulment(courts.delaware.gov).gov
- 13 Del. C. ch. 5, subch. II (civil enforcement of support, §§ 511 to 520)(delcode.delaware.gov).gov
- 13 Del. C. ch. 5, subch. III (§§ 521 to 524, repealed by 70 Del. Laws c. 448)(delcode.delaware.gov).gov