IDEAS home Printed from https://ideas.repec.org/a/hid/journl/v23y201537p147-166.html
   My bibliography  Save this article

Law and Economics of Alimony: Marriage or Divorce?

Author

Listed:
  • Cécile Bourreau–Dubois

    () (Université de Lorraine - BETA - UMR CNRS 7522)

  • Myriam Doriat–Duban

    () (Université de Lorraine - BETA - UMR CNRS 7522)

Abstract

The shift to a no-fault divorce system has raised the question of the legal grounds for alimony. We show that some American legal scholars have found new justifications based on economics tools. One line of justification comes from the economics of the family and is based on efficiency and the resulting specialization of women in domestic activities. Another emerges from the economics of contracts and the partnership between the two spouses. These two approaches give rise to a theoretical debate between legal scholars. We show that this debate is more between two conceptions of alimony, efficiency or contract, than between law and economics scholars. We conclude with a discussion of the complementarity of the two approaches.

Suggested Citation

  • Cécile Bourreau–Dubois & Myriam Doriat–Duban, 2015. "Law and Economics of Alimony: Marriage or Divorce?," History of Economic Ideas, Fabrizio Serra Editore, Pisa - Roma, vol. 23(3), pages 147-166.
  • Handle: RePEc:hid:journl:v:23:y:2015:3:7:p:147-166
    as

    Download full text from publisher

    File URL: http://www.libraweb.net/articoli.php?chiave=201506103&rivista=61
    Download Restriction: Access to full text is restricted to subscribers

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hid:journl:v:23:y:2015:3:7:p:147-166. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mario Aldo Cedrini). General contact details of provider: http://www.libraweb.net .

    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.

    We have no references for this item. You can help adding them by using 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.