What is the "spousal elective share" in Delaware?

The spousal elective share in Delaware is a legal right that allows a surviving spouse to claim a defined portion of the deceased spouse's estate, regardless of the provisions outlined in the deceased spouse's will. This right is designed to protect surviving spouses from being entirely disinherited and ensures they receive a fair share of the couple's shared assets.

In Delaware, the elective share amount is typically one-third of the decedent's estate if the deceased spouse did not leave a valid will or if the will does not provide for the surviving spouse in a manner that meets statutory minimums. This law recognizes the contribution and partnership of both spouses during marriage, ensuring that the surviving spouse has access to financial resources after the other spouse's death.

The other options do not accurately describe the spousal elective share:

• Disinheriting a spouse is contrary to the very purpose of the elective share, which aims to provide for the spouse's financial security.

• The amount a spouse agrees to forgo in a divorce is unrelated to the elective share, as it pertains to the legal dissolution of marriage rather than rights concerning inheritance after death.

• A claim against jointly owned property does not reflect the elective share's intent, which is specifically concerned with the deceased spouse’s estate