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The Economics of the Marriage Contract: Theories and Evidence

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Author Info
Niko Matouschek
Imran Rasul

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Abstract

We analyze the role of the marriage contract. We first formalize three prominent hypotheses on why people marry: marriage provides an exogenous payoff to married partners, it serves as a commitment device, and it serves as a signaling device. For each theory we analyze how a reduction in the costs of divorce affects the propensity to divorce for couples at any given duration of marriage. We then use individual marriage and divorce certificate data from the United States to bring these alternative views of the marriage contract to bear on the data. We exploit variations in the timing of the adoption of unilateral divorce laws across states to proxy a one-off and permanent reduction in divorce costs. The results suggest that the dominant reason that couples enter into a marriage contract is that it serves as a commitment device. (c) 2008 by The University of Chicago. All rights reserved. Printed in U.S.A..

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File URL: http://www.journals.uchicago.edu/doi/pdf/10.1086/588596
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Publisher Info
Article provided by University of Chicago Press in its journal The Journal of Law and Economics.

Volume (Year): 51 (2008)
Issue (Month): 1 (02)
Pages: 59-110
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Handle: RePEc:ucp:jlawec:v:51:y:2008:i:1:p:59-110

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  1. Martin Halla & Johann Scharler, 2008. "Marriage, Divorce and Interstate Risk Sharing," Economics working papers 2008-16, Department of Economics, Johannes Kepler University Linz, Austria. [Downloadable!]
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  2. Pierre-André Chiappori & Murat Iyigun & Yoram Weiss, 2007. "Public Goods, Transferable Utility and Divorce Laws," IZA Discussion Papers 2646, Institute for the Study of Labor (IZA). [Downloadable!]
  3. Chiappori, Pierre-André & Iyigun, Murat & Weiss, Yoram, 2008. "An Assignment Model with Divorce and Remarriage," IZA Discussion Papers 3892, Institute for the Study of Labor (IZA). [Downloadable!]
  4. Iyigun, Murat, 2009. "Marriage, Cohabitation and Commitment," IZA Discussion Papers 4341, Institute for the Study of Labor (IZA). [Downloadable!]
  5. Akiko Maruyama & Takashi Shimizu & Kazuhiro Yamamoto, 2009. "Exit and Voice in a Marriage Market," Discussion Papers in Economics and Business 09-04-Rev, Osaka University, Graduate School of Economics and Osaka School of International Public Policy (OSIPP), revised Mar 2009. [Downloadable!]
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