Breaking Up is Hard to Do: The Economics of Spousal Support
The introduction of "no-fault" divorce in most of North America has eliminated the traditional basis for spousal support without providing a satisfactory alternative. Women who have reduced their labor force participation to look after a home and raise children are particularly disadvantaged by divorce. Recent cases and legal scholarship have attempted to find ways of recognizing the investment that a woman has made in the family and in her husband's career. In a recent case, Elliot v. Elliot, an Ontario court awarded the woman half of the difference between her earnings had she not married and her earnings after the divorce. A logical extension of the case would also award her half of any increase in his earnings resulting from the marriage. The model developed in this paper highlights the changes in earnings that result from specialization in housework or market work, investment in children, and investment in the spouse's human capital. The efficiency of marriage matches and divorce are also analyzed. Many alternative concepts of spousal support are presented within the framework of the model, and the incentive effects on human capital, marriage, and divorce are considered. Although no measure is perfect, the paper concludes that the approach taken in Elliot, adjusted for additional leisure enjoyed during marriage, offers a reasonable compromise between competing objectives. Property division is also considered within the same framework.
|Date of creation:||20 Jan 1995|
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- Sheila Eastman, 1992. "Improving Outcomes for Divorced Women," Canadian Public Policy, University of Toronto Press, vol. 18(3), pages 318-326, September.
- Yoram Weiss & Robert J. Willis, .
"Transfers Among Divorced Couples: Evidence and Interpretation,"
University of Chicago - Population Research Center
90-4a, Chicago - Population Research Center.
- Weiss, Yoram & Willis, Robert J, 1993. "Transfers among Divorced Couples: Evidence and Interpretation," Journal of Labor Economics, University of Chicago Press, vol. 11(4), pages 629-79, October.
- Weiss, Y. & Willis, R.J., 1990. "Transfers Among Divorced Couples: Evidence And Interpretation," University of Chicago - Economics Research Center 90-4, Chicago - Economics Research Center.
- David Neumark & Sanders D. Korenman, 1988.
"Does marriage really make men more productive?,"
Finance and Economics Discussion Series
29, Board of Governors of the Federal Reserve System (U.S.).
- Borenstein, Severin & Cournat, Paul N, 1989. "How to Carve a Medical Degree: Human Capital Assets in Divorce Settlements," American Economic Review, American Economic Association, vol. 79(5), pages 992-1009, December.
- Fethke, Carol C, 1984. "An Economic Model of Asset Division in the Dissolution of Marriage," American Economic Review, American Economic Association, vol. 74(2), pages 265-70, May.
- Lundberg, S. & Pollak, R.A., 1991.
"Separate Spheres Bargaining and the Marriage Market,"
Discussion Papers in Economics at the University of Washington
91-08, Department of Economics at the University of Washington.
- Lundberg, Shelly & Pollak, Robert A, 1993. "Separate Spheres Bargaining and the Marriage Market," Journal of Political Economy, University of Chicago Press, vol. 101(6), pages 988-1010, December.
- Lundberg, S. & Pollak, R.A., 1991. "Separate Spheres Bargaining and the Marriage Market," Working Papers 91-08, University of Washington, Department of Economics.
- Weiss, Yoram & Willis, Robert J, 1985. "Children as Collective Goods and Divorce Settlements," Journal of Labor Economics, University of Chicago Press, vol. 3(3), pages 268-92, July.
- Farrell, Joseph & Scotchmer, Suzanne, 1986.
Department of Economics, Working Paper Series
qt49d211x4, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
- Zelder, Martin, 1993. "Inefficient Dissolutions as a Consequence of Public Goods: The Case of No-Fault Divorce," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 503-20, June.
- Daniel, K., 1991. "Does Marriage Make Men More Productive?," University of Chicago - Economics Research Center 92-2, Chicago - Economics Research Center.
- Allen, Douglas W., 1990. "An inquiry into the state's role in marriage," Journal of Economic Behavior & Organization, Elsevier, vol. 13(2), pages 171-191, March.
- David Lam, 1988. "Marriage Markets and Assortative Mating with Household Public Goods: Theoretical Results and Empirical Implications," Journal of Human Resources, University of Wisconsin Press, vol. 23(4), pages 462-487.
- Jacob Mincer & Solomon Polachek, 1974.
"Family Investments in Human Capital: Earnings of Women,"
in: Marriage, Family, Human Capital, and Fertility, pages 76-110
National Bureau of Economic Research, Inc.
- Mincer, Jacob & Polachek, Solomon, 1974. "Family Investment in Human Capital: Earnings of Women," Journal of Political Economy, University of Chicago Press, vol. 82(2), pages S76-S108, Part II, .
- Jacob Mincer & Solomon Polacheck, 1974. "Family Investments in Human Capital: Earnings of Women," NBER Chapters, in: Economics of the Family: Marriage, Children, and Human Capital, pages 397-431 National Bureau of Economic Research, Inc.
- Peters, H Elizabeth, 1986. "Marriage and Divorce: Informational Constraints and Private Contracting," American Economic Review, American Economic Association, vol. 76(3), pages 437-54, June.
- Sander, William, 1985. "Women, Work, and Divorce," American Economic Review, American Economic Association, vol. 75(3), pages 519-23, June.
- Becker, Gary S & Landes, Elisabeth M & Michael, Robert T, 1977. "An Economic Analysis of Marital Instability," Journal of Political Economy, University of Chicago Press, vol. 85(6), pages 1141-87, December.
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