Allen v. Scott

Summary

The Supreme Court of Delaware reversed the Family Court's classification of the Colorado-property down payment as marital because the parties' binding stipulation identified the funds as premarital and neither party timely sought to amend that stipulation. The court remanded for the Family Court to determine whether the premarital down payment was a gift to the marriage and authorized reconsideration of the overall distribution if that determination affected the statutory factors. The court otherwise found no abuse of discretion in the 60/40 distribution and held that Allen preserved her challenge to that allocation.