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Economics of Alimony

Authors: Landes, Elisabeth M.;

Economics of Alimony

Abstract

THE first half of this decade has been a period active in divorce reform. Rapidly rising divorce rates, coupled with increased public tolerance of private behavior, have brought into question the state's role in regulating divorce. At this writing, at least thirty states permit divorce on grounds of "marital breakdown" or incompatibility.' The aspect of divorce law of particular interest in this paper is the provision of alimony. The great majority of states provide for alimony payments in the event of separation or divorce,; and although most jurisdictions authorize alimony to either spouse under appropriate circumstances, alimony is almost exclusively awarded to wives. In addition, the amount of the award tends to vary with the length of marriage, the number of children, and the husband's and wife's relative assets and earning power. In the first part of this paper, I develop a simple model of household production to illuminate the relevance of the length of marriage, number of children, and the wife's earning ability to an efficient determination of alimony. I show that if all marital income were perfectly divisible (i.e., no public goods) and if spouses could negotiate with each other and transfer income between themselves costlessly, a legal rule requiring mutual consent for divorce would be equivalent (in most respects) to one permitting unilateral divorce by either spouse. In the absence of these conditions, alimony serves as an efficient means of redistributing the property rights and assets of the marriage partnership between the spouses, enabling them to reach an "optimal" end-the dissolution of their marriage. I argue that the role of alimony is to compensate the wife for the opportunity costs she incurs by entering and investing in the marriage. As such, the award and enforcement of alimony payments by the

Country
United States
Related Organizations
Keywords

Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
43
Average
Top 10%
Average
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