Summary
The Delaware Supreme Court affirmed in part, reversed in part, and remanded a Family Court order dividing debts following the parties’ divorce. The majority held that the equitable “in contemplation of marriage” exception to Delaware’s marital-property statute applies narrowly to certain premarital real property, not to premarital wedding debts. The Court affirmed the denial of the husband’s claim to a share of the wife’s business; two justices dissented regarding the treatment of the wedding expenses.
Topics
Practice areas
Questions Presented
- Whether premarital debts incurred for wedding-related expenses may be treated as marital debts under Delaware's equitable 'in contemplation of marriage' exception to the marital-property statute.
- Whether the Family Court erred in denying the Husband's request for half of the value of the Wife's business.
Holdings
- The equitable exception to Delaware's statutory definition of marital property must be construed narrowly and does not extend to premarital debts. It is limited to cases involving real property acquired in one party's name before marriage where the evidence shows the parties intended the property to become marital property upon marriage.
- The Family Court did not err in denying the Husband's request for division of the Wife's business.
Key quotations
“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.” (8)
Factual background
The parties married on July 10, 2015, and divorced on October 4, 2017. Before and in anticipation of the wedding, the Wife incurred or bartered for expenses including premarital counseling, dance lessons, a wedding cake, food, decorations, and deposits for the Husband's daughters' dresses. The parties agreed that there were no marital assets to divide, but the Wife sought equal division of debts, while the Husband sought half of the value of the Wife's business operated during the marriage.
Procedural history
The Family Court granted the parties a divorce and retained ancillary jurisdiction over marital-property division. The parties agreed that there were no marital assets to divide, but the Wife sought division of debts, including premarital wedding-related debts. The Family Court ordered the Husband to pay $21,666, largely for those debts, and denied his request for half of the Wife's business. The Delaware Supreme Court affirmed the denial of the business claim, reversed the division of premarital debts, and remanded.
Remand instructions
Remand for further proceedings consistent with the opinion, including removal of the premarital wedding-related debts from the marital-debt division.