Why Divorce Laws Matter: Incentives for Noncontractible Marital Investments under Unilateral and Consent Divorce
AbstractThe Coase Theorem suggests that married couples will divorce if and only if doing so increases their joint surplus, regardless of the legal rules governing divorce. This does not mean, however, that divorce laws only affect the distribution of rents. Because the distribution of rents affects each spouse's incentives for noncontractible investments, divorce laws can affect the joint welfare of the couple. This article analyzes the effects of the consent divorce regime and the unilateral divorce regime on incentives for selfish and cooperative marital investments. Using these results, the article demonstrates how endogenous choice of marriage with noncontractible investments can explain some recent empirical results concerning the effects of the shift from consent divorce to unilateral divorce. (JEL C78, D1, D23, J12, J18, K3, K36) The Author 2007. Published by Oxford University Press on behalf of Yale University. All rights reserved. For permissions, please email: email@example.com, Oxford University Press.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Bibliographic InfoArticle provided by Oxford University Press in its journal The Journal of Law, Economics, & Organization.
Volume (Year): 25 (2009)
Issue (Month): 1 (May)
Contact details of provider:
Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
Fax: 01865 267 985
Web page: http://jleo.oupjournals.org/
Find related papers by JEL classification:
- C78 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Bargaining Theory; Matching Theory
- D1 - Microeconomics - - Household Behavior
- D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
- J12 - Labor and Demographic Economics - - Demographic Economics - - - Marriage; Marital Dissolution; Family Structure
- J18 - Labor and Demographic Economics - - Demographic Economics - - - Public Policy
- K3 - Law and Economics - - Other Substantive Areas of Law
- K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- repec:hal:wpaper:halshs-00628642 is not listed on IDEAS
- Langlais, Eric, 2009.
"On unilateral divorce and the "selection of marriages" hypothesis,"
14368, University Library of Munich, Germany.
- Eric Langlais,, 2010. "On unilateral divorce and the “selection of marriages” hypothesis," Recherches économiques de Louvain, De Boeck Université, vol. 76(3), pages 229-256.
- Eric Langlais, 2009. "On unilateral divorce and the "selection of marriages" hypothesis," EconomiX Working Papers 2009-9, University of Paris West - Nanterre la Défense, EconomiX.
- Eric Langlais, 2010. "On unilateral divorce and the “selection of marriages” hypothesis," Discussion Papers (REL - Recherches Economiques de Louvain) 2010031, Université catholique de Louvain, Institut de Recherches Economiques et Sociales (IRES).
- repec:hal:wpaper:halshs-00566846 is not listed on IDEAS
- Fahn, Matthias & Rees, Ray, 2014. "Household Relational Contracts for Marriage, Fertility and Divorce," Discussion Papers in Economics 20834, University of Munich, Department of Economics.
- J. Gimenez-Nadal & Jose Molina, 2013. "Parents’ education as a determinant of educational childcare time," Journal of Population Economics, Springer, vol. 26(2), pages 719-749, April.
- Alessandro Cigno, 2013. "Is Marriage as Good as a Contract?," CESifo Working Paper Series 4555, CESifo Group Munich.
- Hiller, Victor & Recoules, Magali, 2013. "Changes in divorce patterns: Culture and the law," International Review of Law and Economics, Elsevier, vol. 34(C), pages 77-87.
- Alessandro Cigno, 2012. "Marriage as a commitment device," Review of Economics of the Household, Springer, vol. 10(2), pages 193-213, June.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.