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Non-Marital Childbearing and Marital Property Laws: An Application of the WIHO Model

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Listed:
  • Shoshana Grossbard

    (San Diego State University)

Abstract

This article analyzes choice between marital and non-marital childbearing based on a conceptual model that considers the repercussions of marriage laws for the individual wellbeing of women and men living in couples. Childbearing responses to changes in three marriage laws are evaluated: (1) the annulment of coverture laws in the second half of the 19th Century and the first part of the 20th Century; (2) a switch in legal regime used to attribute marital property (from a British system generally less protective of the property rights of lower-earning spouses to a regime of community property), and (3) changes in the availability of Common law marriage in addition to regular marriage. The model is based on a WIHO (Work-In-Household) model and assumes that individual women and men make decisions regarding production and reproduction.

Suggested Citation

  • Shoshana Grossbard, 2023. "Non-Marital Childbearing and Marital Property Laws: An Application of the WIHO Model," Working Papers 2023-005, Human Capital and Economic Opportunity Working Group.
    • Handle: RePEc:hka:wpaper:2023-005
    Note: FI
    as

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    File URL: http://humcap.uchicago.edu/RePEc/hka/wpaper/Grossbard_2023__non-marital-childbearing-marital-property.pdf
    File Function: First version, February 1, 2023
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    References listed on IDEAS

    as
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    More about this item

    Keywords

    marital and non-marital childbearing; coverture laws; common law marriage;
    All these keywords.

    JEL classification:

    • J12 - Labor and Demographic Economics - - Demographic Economics - - - Marriage; Marital Dissolution; Family Structure
    • J13 - Labor and Demographic Economics - - Demographic Economics - - - Fertility; Family Planning; Child Care; Children; Youth
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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