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Updated August 07, 2023

A Delaware separation agreement is a contract between the spouses in a marriage that allows them to determine many of the matters that would be settled in a divorce without going into court. Separation agreements can determine how property will be divided, what level of spousal support will be provided, and other matters. Unlike most states, however, Delaware does recognize separation as a distinct legal status.

Couples can still make separation agreements, but they are no different than other types of private contracts, and if there are certain types of disagreement between the parties, it may necessary to seek a divorce.

Is a Separation Agreement Legal in Delaware?

Yes, but only if couples have agreed on the terms of diving their property, and want to give courts the power to enforce it in the context of a divorce proceeding.

Source: Delaware Courts

Legal Separation Requirements

Filing Fee: N/A; there is $90 Civil Filing fee in divorce cases.
Residency: N/A; at least one spouse must have resided in the state for at least six months before filing for divorce (§ 1504)
Where to File: With the Family Court in the county where one or both spouses resides.