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Efficiency and the Division of Marital Assets

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Author Info
Philip A. Curry () (Simon Fraser University)

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Abstract

This paper examines the incentives that property division laws can have for divorce and investment in marital assets. This paper considers an environment in which spouses have multiple inputs, such as time and money, to a marital asset but the choices a spouse makes with regards to one input, say time, are not observable to the courts. In such an environment, it is demonstrated that when spouses specialize, as in a traditional family structure, the common-law rule may be efficiency enhancing. However, when both spouses work and strong consumption complementarities are present, equal division leads to more efficient investment in the marital asset. Further, sufficient conditions are found for which the community rule leads to a lower divorce rate than the common-law rule.

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File URL: http://www.econ.sfu.ca/research/RePEc/sfu/sfudps/dp08-05.pdf
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Publisher Info
Paper provided by Department of Economics, Simon Fraser University in its series Discussion Papers with number dp08-05.

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Length: 25
Date of creation: Oct 2008
Date of revision:
Handle: RePEc:sfu:sfudps:dp08-05

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Postal: Department of Economics, Simon Fraser University, 8888 University Drive, Burnaby, BC, V5A 1S6, Canada
Phone: (778)782-3508
Fax: (778)782-5944
Web page: http://www.econ.sfu.ca/
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Postal: Working Paper Coordinator, Department of Economics, Simon Fraser University, 8888 University Drive, Burnaby, BC, V5A 1S6, Canada
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Related research
Keywords: divorce; efficiency; marital property;

Find related papers by JEL classification:
K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law
D13 - Microeconomics - - Household Behavior - - - Household Production and Intrahouse Allocation

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This page was last updated on 2009-11-19.


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