Elizabeth Brake
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199774142
- eISBN:
- 9780199933228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199774142.003.0009
- Subject:
- Philosophy, Feminist Philosophy
Chapter 8 takes up the problem of implementing the marriage law of ideal theory in a non-ideal world. It addresses concerns that minimal marriage would worsen the lot of the vulnerable, especially ...
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Chapter 8 takes up the problem of implementing the marriage law of ideal theory in a non-ideal world. It addresses concerns that minimal marriage would worsen the lot of the vulnerable, especially women, by eliminating anti-poverty marriage promotion, mandatory alimony and property division protecting the economically dependent, and permitting gender-structured polygyny. Liberals could consistently support transitional provisions for benefits and property division, but liberalism can, and should, also address such problems through legal vehicles other than marriage, especially through education and default rules of financial fairness. Political liberalism holds a number of insufficiently recognized tools for feminists, including rectification, neutrality, and the status it assigns to goods of care and self-respect.Less
Chapter 8 takes up the problem of implementing the marriage law of ideal theory in a non-ideal world. It addresses concerns that minimal marriage would worsen the lot of the vulnerable, especially women, by eliminating anti-poverty marriage promotion, mandatory alimony and property division protecting the economically dependent, and permitting gender-structured polygyny. Liberals could consistently support transitional provisions for benefits and property division, but liberalism can, and should, also address such problems through legal vehicles other than marriage, especially through education and default rules of financial fairness. Political liberalism holds a number of insufficiently recognized tools for feminists, including rectification, neutrality, and the status it assigns to goods of care and self-respect.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.001.0001
- Subject:
- Law, Family Law
From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an ...
More
From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But this book argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. The suggested solution is to radically reconceptualize alimony as a marriage buyout. The buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. The quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, the book outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn't a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.Less
From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But this book argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. The suggested solution is to radically reconceptualize alimony as a marriage buyout. The buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. The quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, the book outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn't a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.
Lawrence Stone
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198226512
- eISBN:
- 9780191678646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198226512.003.0008
- Subject:
- History, British and Irish Early Modern History, Social History
This chapter discusses judicial separation. Suits for judicial separation in the ecclesiastical courts had three purposes. Most suits launched by a wife were blackmail devices in order to improve the ...
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This chapter discusses judicial separation. Suits for judicial separation in the ecclesiastical courts had three purposes. Most suits launched by a wife were blackmail devices in order to improve the financial terms of a separation, where the main issue was the alimony to be paid by the husband. Most suits brought by the husband were in order to obtain a separation from an adulterous wife without having to pay her alimony. Uncontested suits brought by a husband were usually part of a collusive arrangement by which both parties conspire together to prepare for parliamentary divorce. The second section examines the different types of suits such as nullity, jactication, separation form bed and board, and restitution of conjugal rights. The third section considers the procedure for launching a suit. The last two sections explore the relationship between servants and masters, and servants in court.Less
This chapter discusses judicial separation. Suits for judicial separation in the ecclesiastical courts had three purposes. Most suits launched by a wife were blackmail devices in order to improve the financial terms of a separation, where the main issue was the alimony to be paid by the husband. Most suits brought by the husband were in order to obtain a separation from an adulterous wife without having to pay her alimony. Uncontested suits brought by a husband were usually part of a collusive arrangement by which both parties conspire together to prepare for parliamentary divorce. The second section examines the different types of suits such as nullity, jactication, separation form bed and board, and restitution of conjugal rights. The third section considers the procedure for launching a suit. The last two sections explore the relationship between servants and masters, and servants in court.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0011
- Subject:
- Law, Family Law
This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other ...
More
This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other spouse to enjoy all the long-term benefits. Yet in its current incarnation, alimony is not up to the task before it. The law of alimony inspires orders that are unpredictable, inconsistent, short-lived, and uncommon. Alimony's problems are exacerbated by the absence of any contemporary rationale to justify its existence in an age of no-fault divorce and supposed gender equality. Drawing on a loose analogy to partnership, the book has proposed that alimony be reconceptualized as a marriage buyout. Buyouts support new default rules that reinforce egalitarian, gender-neutral, communal visions of marriage, encourage expectations consistent with that vision, and in all but very low-income cases, protect primary caregivers who rely on marriage promises.
Less
This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other spouse to enjoy all the long-term benefits. Yet in its current incarnation, alimony is not up to the task before it. The law of alimony inspires orders that are unpredictable, inconsistent, short-lived, and uncommon. Alimony's problems are exacerbated by the absence of any contemporary rationale to justify its existence in an age of no-fault divorce and supposed gender equality. Drawing on a loose analogy to partnership, the book has proposed that alimony be reconceptualized as a marriage buyout. Buyouts support new default rules that reinforce egalitarian, gender-neutral, communal visions of marriage, encourage expectations consistent with that vision, and in all but very low-income cases, protect primary caregivers who rely on marriage promises.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0011
- Subject:
- Law, Family Law
This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other ...
More
This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other spouse to enjoy all the long-term benefits. Yet in its current incarnation, alimony is not up to the task before it. The law of alimony inspires orders that are unpredictable, inconsistent, short-lived, and uncommon. Alimony's problems are exacerbated by the absence of any contemporary rationale to justify its existence in an age of no-fault divorce and supposed gender equality. Drawing on a loose analogy to partnership, the book has proposed that alimony be reconceptualized as a marriage buyout. Buyouts support new default rules that reinforce egalitarian, gender-neutral, communal visions of marriage, encourage expectations consistent with that vision, and in all but very low-income cases, protect primary caregivers who rely on marriage promises.Less
This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other spouse to enjoy all the long-term benefits. Yet in its current incarnation, alimony is not up to the task before it. The law of alimony inspires orders that are unpredictable, inconsistent, short-lived, and uncommon. Alimony's problems are exacerbated by the absence of any contemporary rationale to justify its existence in an age of no-fault divorce and supposed gender equality. Drawing on a loose analogy to partnership, the book has proposed that alimony be reconceptualized as a marriage buyout. Buyouts support new default rules that reinforce egalitarian, gender-neutral, communal visions of marriage, encourage expectations consistent with that vision, and in all but very low-income cases, protect primary caregivers who rely on marriage promises.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0005
- Subject:
- Law, Family Law
This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local ...
More
This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local to state-wide application, and from optional guidance to statutory presumptions. Second, guidelines have assumed a new goal: in addition to increasing the certainty and predictability of alimony awards, guidelines are increasingly advanced as a means to limit alimony eligibility, duration, and value. Much of the energy of the contemporary guideline movement comes from grassroots alimony reform groups, state-by-state organizations composed largely of alimony payors (and sometimes their new spouses) who aim to end “alimony abuse.” These reformers are inspiring a new wave of disdain for alimony and new statutory restrictions on its availability.
Less
This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local to state-wide application, and from optional guidance to statutory presumptions. Second, guidelines have assumed a new goal: in addition to increasing the certainty and predictability of alimony awards, guidelines are increasingly advanced as a means to limit alimony eligibility, duration, and value. Much of the energy of the contemporary guideline movement comes from grassroots alimony reform groups, state-by-state organizations composed largely of alimony payors (and sometimes their new spouses) who aim to end “alimony abuse.” These reformers are inspiring a new wave of disdain for alimony and new statutory restrictions on its availability.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0005
- Subject:
- Law, Family Law
This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local to ...
More
This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local to state-wide application, and from optional guidance to statutory presumptions. Second, guidelines have assumed a new goal: in addition to increasing the certainty and predictability of alimony awards, guidelines are increasingly advanced as a means to limit alimony eligibility, duration, and value. Much of the energy of the contemporary guideline movement comes from grassroots alimony reform groups, state-by-state organizations composed largely of alimony payors (and sometimes their new spouses) who aim to end “alimony abuse.” These reformers are inspiring a new wave of disdain for alimony and new statutory restrictions on its availability.Less
This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local to state-wide application, and from optional guidance to statutory presumptions. Second, guidelines have assumed a new goal: in addition to increasing the certainty and predictability of alimony awards, guidelines are increasingly advanced as a means to limit alimony eligibility, duration, and value. Much of the energy of the contemporary guideline movement comes from grassroots alimony reform groups, state-by-state organizations composed largely of alimony payors (and sometimes their new spouses) who aim to end “alimony abuse.” These reformers are inspiring a new wave of disdain for alimony and new statutory restrictions on its availability.
Loren Schweninger
- Published in print:
- 2012
- Published Online:
- July 2014
- ISBN:
- 9780807835692
- eISBN:
- 9781469601625
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807837504_schweninger.10
- Subject:
- History, American History: 20th Century
This book presents stories of antebellum families in crisis, showing the pervasive nature of domestic violence, white women leaving their abusive husbands and filing for divorce or separation, and ...
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This book presents stories of antebellum families in crisis, showing the pervasive nature of domestic violence, white women leaving their abusive husbands and filing for divorce or separation, and slaves caught in between marital clashes. It also examines the processes of revising divorce and alimony statutes, and the enactment of laws to protect married women's property before the Civil War. As time passed, lawyers and judges evolved, including state laws with regard to divorce, separation, and alimony suits. White women fared better than white men in their pleas for divorce and separation, and were likely to receive favorable results. After the Civil War, most of the suits were filed by men; slavery never again entered the equation, and women did not have to fight to retain control of their slave property.Less
This book presents stories of antebellum families in crisis, showing the pervasive nature of domestic violence, white women leaving their abusive husbands and filing for divorce or separation, and slaves caught in between marital clashes. It also examines the processes of revising divorce and alimony statutes, and the enactment of laws to protect married women's property before the Civil War. As time passed, lawyers and judges evolved, including state laws with regard to divorce, separation, and alimony suits. White women fared better than white men in their pleas for divorce and separation, and were likely to receive favorable results. After the Civil War, most of the suits were filed by men; slavery never again entered the equation, and women did not have to fight to retain control of their slave property.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0007
- Subject:
- Law, Family Law
This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's ...
More
This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's remarriage automatically terminates alimony, or at least creates a prima facie case for termination. However, the rule has no conceptual basis in contemporary understandings of alimony. As the American Law Institute (ALI) acknowledges, the underlying rationale for the remarriage-termination rule is “remarkably unclear.” The chapter begins by discussing the remarriage-termination rule. It then identifies the purpose of alimony, an essential first step in assessing the legitimacy of the remarriage-termination rule. The final section considers judicial rationales for the remarriage-termination rule, which fall into three rough categories: (1) unseemliness, (2) election, and (3) untidiness.
Less
This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's remarriage automatically terminates alimony, or at least creates a prima facie case for termination. However, the rule has no conceptual basis in contemporary understandings of alimony. As the American Law Institute (ALI) acknowledges, the underlying rationale for the remarriage-termination rule is “remarkably unclear.” The chapter begins by discussing the remarriage-termination rule. It then identifies the purpose of alimony, an essential first step in assessing the legitimacy of the remarriage-termination rule. The final section considers judicial rationales for the remarriage-termination rule, which fall into three rough categories: (1) unseemliness, (2) election, and (3) untidiness.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0008
- Subject:
- Law, Family Law
This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony ...
More
This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony in an age of easy divorce and equality rhetoric, but there is still no consensus on the answer to the questions: Why should anyone be forced to share income with a former spouse? If divorce severs the tie between spouses, if each spouse is entitled to a clean break and a fresh start as no-fault laws teach, what is the rationale for alimony? Most theories of alimony focus primarily on one of three interests: (1) a claimant's contributions to the other spouse (contribution theory); (2) a claimant's expected gain (gain theory); and (3) a claimant's loss (loss theory).
Less
This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony in an age of easy divorce and equality rhetoric, but there is still no consensus on the answer to the questions: Why should anyone be forced to share income with a former spouse? If divorce severs the tie between spouses, if each spouse is entitled to a clean break and a fresh start as no-fault laws teach, what is the rationale for alimony? Most theories of alimony focus primarily on one of three interests: (1) a claimant's contributions to the other spouse (contribution theory); (2) a claimant's expected gain (gain theory); and (3) a claimant's loss (loss theory).
Hanoch Dagan and Carolyn J. Frantz
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199737864
- eISBN:
- 9780199894994
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737864.003.0022
- Subject:
- Law, Constitutional and Administrative Law
This chapter delves into a specific and particularly important species of a liberal commons: marital property. It endorses a vision of marriage as an egalitarian liberal community, and takes this as ...
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This chapter delves into a specific and particularly important species of a liberal commons: marital property. It endorses a vision of marriage as an egalitarian liberal community, and takes this as the regulative principle of marital property law. This vision endorses commitment to a marital community where spouses share without reference to individual desert, together with a concern for nonsubordination and for the protection of individual autonomy, primarily through free exit. It argues that, contrary to the common assumption, not only are these goals not incompatible but they can also be accommodated to a remarkable degree. It then traces the implications of this vision of marriage for marital property law, relying on it to defend the equal division rule for existing marital property, which is broadly defined to include increases and decreases in the spouses' earning capacity during the pendency of their marriage. The chapter also discusses alimony, generally endorsing the practice of rehabilitative alimony and property governance during marriage, arguing in favor of management rules currently applied in many community property states.Less
This chapter delves into a specific and particularly important species of a liberal commons: marital property. It endorses a vision of marriage as an egalitarian liberal community, and takes this as the regulative principle of marital property law. This vision endorses commitment to a marital community where spouses share without reference to individual desert, together with a concern for nonsubordination and for the protection of individual autonomy, primarily through free exit. It argues that, contrary to the common assumption, not only are these goals not incompatible but they can also be accommodated to a remarkable degree. It then traces the implications of this vision of marriage for marital property law, relying on it to defend the equal division rule for existing marital property, which is broadly defined to include increases and decreases in the spouses' earning capacity during the pendency of their marriage. The chapter also discusses alimony, generally endorsing the practice of rehabilitative alimony and property governance during marriage, arguing in favor of management rules currently applied in many community property states.
Nick Dawson
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125381
- eISBN:
- 9780813135267
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125381.003.0009
- Subject:
- Film, Television and Radio, Film
This chapter examines the developments in Hal Ashby's career and personal life during the year 1968. Ashby filed for divorce and give Shirley Citron $100 alimony per week. His collaboration with ...
More
This chapter examines the developments in Hal Ashby's career and personal life during the year 1968. Ashby filed for divorce and give Shirley Citron $100 alimony per week. His collaboration with Norman Jewison, In the Heat of the Night was nominated for several Academy Awards. The film won several major awards including Best Picture, Best Actor, and the Best Film Editing for Ashby.Less
This chapter examines the developments in Hal Ashby's career and personal life during the year 1968. Ashby filed for divorce and give Shirley Citron $100 alimony per week. His collaboration with Norman Jewison, In the Heat of the Night was nominated for several Academy Awards. The film won several major awards including Best Picture, Best Actor, and the Best Film Editing for Ashby.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0007
- Subject:
- Law, Family Law
This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's ...
More
This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's remarriage automatically terminates alimony, or at least creates a prima facie case for termination. However, the rule has no conceptual basis in contemporary understandings of alimony. As the American Law Institute (ALI) acknowledges, the underlying rationale for the remarriage-termination rule is “remarkably unclear.” The chapter begins by discussing the remarriage-termination rule. It then identifies the purpose of alimony, an essential first step in assessing the legitimacy of the remarriage-termination rule. The final section considers judicial rationales for the remarriage-termination rule, which fall into three rough categories: (1) unseemliness, (2) election, and (3) untidiness.Less
This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's remarriage automatically terminates alimony, or at least creates a prima facie case for termination. However, the rule has no conceptual basis in contemporary understandings of alimony. As the American Law Institute (ALI) acknowledges, the underlying rationale for the remarriage-termination rule is “remarkably unclear.” The chapter begins by discussing the remarriage-termination rule. It then identifies the purpose of alimony, an essential first step in assessing the legitimacy of the remarriage-termination rule. The final section considers judicial rationales for the remarriage-termination rule, which fall into three rough categories: (1) unseemliness, (2) election, and (3) untidiness.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0008
- Subject:
- Law, Family Law
This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony ...
More
This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony in an age of easy divorce and equality rhetoric, but there is still no consensus on the answer to the questions: Why should anyone be forced to share income with a former spouse? If divorce severs the tie between spouses, if each spouse is entitled to a clean break and a fresh start as no-fault laws teach, what is the rationale for alimony? Most theories of alimony focus primarily on one of three interests: (1) a claimant's contributions to the other spouse (contribution theory); (2) a claimant's expected gain (gain theory); and (3) a claimant's loss (loss theory).Less
This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony in an age of easy divorce and equality rhetoric, but there is still no consensus on the answer to the questions: Why should anyone be forced to share income with a former spouse? If divorce severs the tie between spouses, if each spouse is entitled to a clean break and a fresh start as no-fault laws teach, what is the rationale for alimony? Most theories of alimony focus primarily on one of three interests: (1) a claimant's contributions to the other spouse (contribution theory); (2) a claimant's expected gain (gain theory); and (3) a claimant's loss (loss theory).
Brian H. Bix
- Published in print:
- 2013
- Published Online:
- April 2015
- ISBN:
- 9780199989591
- eISBN:
- 9780190260200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199989591.003.0017
- Subject:
- Law, Family Law
This chapter examines the legal repercussions of domestic violence for family law. It first considers domestic violence as a ground for divorce and where fault is a factor that courts can take into ...
More
This chapter examines the legal repercussions of domestic violence for family law. It first considers domestic violence as a ground for divorce and where fault is a factor that courts can take into account in determining the division of property or the setting of alimony. It then discusses the implications of domestic violence for child custody, premarital agreements, marital agreements, and separation agreements. It also takes note of the fact that many statutes and international law conventions create exceptions to the normal rules where domestic violence or child abuse is present.Less
This chapter examines the legal repercussions of domestic violence for family law. It first considers domestic violence as a ground for divorce and where fault is a factor that courts can take into account in determining the division of property or the setting of alimony. It then discusses the implications of domestic violence for child custody, premarital agreements, marital agreements, and separation agreements. It also takes note of the fact that many statutes and international law conventions create exceptions to the normal rules where domestic violence or child abuse is present.
Narendra Subramanian
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780804788786
- eISBN:
- 9780804790901
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804788786.003.0005
- Subject:
- Law, Family Law
This chapter discusses the laws governing India's two largest religious minorities, Muslims and Christians. Policy makers retained distinct minority laws to accommodate minorities, but their limited ...
More
This chapter discusses the laws governing India's two largest religious minorities, Muslims and Christians. Policy makers retained distinct minority laws to accommodate minorities, but their limited engagement with minority initiatives and traditions and their stereotypes about Muslims being backward led them not to change minority laws after independence, even though support for personal-law reform was comparable among Muslims and Hindus. The growth of minority reformist mobilization and the engagement of more Hindu activists and policymakers with such initiatives enabled changes in minority law starting in the 1970s. Notably, alimony was required and unilateral male repudiation restricted among Muslims, and divorce rights increased for Christians and Parsis. Hindu-centered policy visions still limited the accommodation of demands to reform minority law (such as granting adoption rights to Christians), dissuaded legislation to increase Muslim women's rights (for example, to agricultural land), and kept Muslim law most distinctive.Less
This chapter discusses the laws governing India's two largest religious minorities, Muslims and Christians. Policy makers retained distinct minority laws to accommodate minorities, but their limited engagement with minority initiatives and traditions and their stereotypes about Muslims being backward led them not to change minority laws after independence, even though support for personal-law reform was comparable among Muslims and Hindus. The growth of minority reformist mobilization and the engagement of more Hindu activists and policymakers with such initiatives enabled changes in minority law starting in the 1970s. Notably, alimony was required and unilateral male repudiation restricted among Muslims, and divorce rights increased for Christians and Parsis. Hindu-centered policy visions still limited the accommodation of demands to reform minority law (such as granting adoption rights to Christians), dissuaded legislation to increase Muslim women's rights (for example, to agricultural land), and kept Muslim law most distinctive.
Carlos Kevin Blanton
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9780300190328
- eISBN:
- 9780300210422
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300190328.003.0009
- Subject:
- History, Latin American History
George I. Sánchez was a restrictionist who believed in curbing undocumented immigration. He directed academic research on the immigration issue that resulted in the Saunders-Leonard report, a study ...
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George I. Sánchez was a restrictionist who believed in curbing undocumented immigration. He directed academic research on the immigration issue that resulted in the Saunders-Leonard report, a study that caused a great deal of internal division among Mexican Americans. Like other Mexican American leaders, Sánchez was a mass of contradictions with regard to the issue of undocumented immigrants. He believed that the immigrants themselves were to be pitied and cared for, while those who exploited them for pennies a day were the true villains. Ultimately, unfettered capitalism was the main problem for Sánchez. Also at this time, Sánchez's alimony battle with his first spouse took a surprising turn with devastating repercussions for him in later years.Less
George I. Sánchez was a restrictionist who believed in curbing undocumented immigration. He directed academic research on the immigration issue that resulted in the Saunders-Leonard report, a study that caused a great deal of internal division among Mexican Americans. Like other Mexican American leaders, Sánchez was a mass of contradictions with regard to the issue of undocumented immigrants. He believed that the immigrants themselves were to be pitied and cared for, while those who exploited them for pennies a day were the true villains. Ultimately, unfettered capitalism was the main problem for Sánchez. Also at this time, Sánchez's alimony battle with his first spouse took a surprising turn with devastating repercussions for him in later years.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0001
- Subject:
- Law, Family Law
This introductory chapter sets out the book's purpose, namely to further our understanding of alimony by examining the history and current state of alimony law, theory, and practice, and then ...
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This introductory chapter sets out the book's purpose, namely to further our understanding of alimony by examining the history and current state of alimony law, theory, and practice, and then advancing a reconceptualization of alimony as a marriage buyout. Buyouts draw on a loose analogy to partnership—a compelling metaphor for contemporary marriage, with its principles of mutual contribution, reciprocal responsibility, shared fate, and default rules that assume equality of status. Buyouts do not depend on who files for divorce or who commits marital fault; nor do they aim to penalize a spouse who wants out or compel specific performance of the marriage promise. What buyouts do, however, is to replace alimony with a financial award consistent with norms of contemporary marriage; they provide a presumptive quantification formula that injects predictability and certainty into the law; and they go far in ensuring that primary caregivers are not thrown under the bus when their marriages end.
Less
This introductory chapter sets out the book's purpose, namely to further our understanding of alimony by examining the history and current state of alimony law, theory, and practice, and then advancing a reconceptualization of alimony as a marriage buyout. Buyouts draw on a loose analogy to partnership—a compelling metaphor for contemporary marriage, with its principles of mutual contribution, reciprocal responsibility, shared fate, and default rules that assume equality of status. Buyouts do not depend on who files for divorce or who commits marital fault; nor do they aim to penalize a spouse who wants out or compel specific performance of the marriage promise. What buyouts do, however, is to replace alimony with a financial award consistent with norms of contemporary marriage; they provide a presumptive quantification formula that injects predictability and certainty into the law; and they go far in ensuring that primary caregivers are not thrown under the bus when their marriages end.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0002
- Subject:
- Law, Family Law
This chapter discusses the significance of alimony. A conventional marriage usually involves a primary caregiver who takes care of the children and the home, and the spouse who participates in the ...
More
This chapter discusses the significance of alimony. A conventional marriage usually involves a primary caregiver who takes care of the children and the home, and the spouse who participates in the paid economy as an “ideal worker” unshackled by primary home responsibilities. Teamwork allows the couple to enjoy together a home with children and a family wage. But if affection fades, divorce may unmask the reality that teamwork has disparately impacted the spouses' earning capacity. Over time, investments in family labor tend to reduce earning capacity for a primary caregiver, while investments in paid labor tend to increase earning capacity for a primary breadwinner. A clean break at divorce thus means the primary caregiver will bear most of the long-term costs of family roles while the primary wage-earner will enjoy most of the benefits in the form of enhanced earning capacity. When marital property is scant, alimony is the only judicial tool for addressing this inequity. This, in a nutshell, is why alimony matters. The final section of the chapter previews common objections to alimony.
Less
This chapter discusses the significance of alimony. A conventional marriage usually involves a primary caregiver who takes care of the children and the home, and the spouse who participates in the paid economy as an “ideal worker” unshackled by primary home responsibilities. Teamwork allows the couple to enjoy together a home with children and a family wage. But if affection fades, divorce may unmask the reality that teamwork has disparately impacted the spouses' earning capacity. Over time, investments in family labor tend to reduce earning capacity for a primary caregiver, while investments in paid labor tend to increase earning capacity for a primary breadwinner. A clean break at divorce thus means the primary caregiver will bear most of the long-term costs of family roles while the primary wage-earner will enjoy most of the benefits in the form of enhanced earning capacity. When marital property is scant, alimony is the only judicial tool for addressing this inequity. This, in a nutshell, is why alimony matters. The final section of the chapter previews common objections to alimony.
Cynthia Lee Starnes
- Published in print:
- 2014
- Published Online:
- March 2016
- ISBN:
- 9780814708248
- eISBN:
- 9780814708477
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708248.003.0003
- Subject:
- Law, Family Law
This chapter presents the intriguing story of the history of alimony, a history inextricably linked with evolving views of the status of women, the meaning of marriage, the right to divorce, and the ...
More
This chapter presents the intriguing story of the history of alimony, a history inextricably linked with evolving views of the status of women, the meaning of marriage, the right to divorce, and the rationale for alimony. Prior to the English reforms of 1857, a man who married undertook a lifetime obligation to support his wife. Although he could obtain a legal separation, rarely could he obtain an absolute divorce—that is, a full severance of marital ties. Whether or not spouses lived together, the husband's duty of support continued throughout the wife's life. Underpinning the husband's support obligation was an assumption that married women should not and often could not support themselves. However, the appearance of absolute divorce and the supposed end of coverture meant the end of caregivers' lifetime support ticket and also the end of a clear rationale for alimony. But alimony mysteriously endures. A partial explanation may lie in Reva Siegel's observation that the law of coverture continued to influence judicial thinking well into the twentieth century. Courts may have also been inspired by the pragmatic concern that if a dependent wife were cut off from her source of support, she would become a public charge.
Less
This chapter presents the intriguing story of the history of alimony, a history inextricably linked with evolving views of the status of women, the meaning of marriage, the right to divorce, and the rationale for alimony. Prior to the English reforms of 1857, a man who married undertook a lifetime obligation to support his wife. Although he could obtain a legal separation, rarely could he obtain an absolute divorce—that is, a full severance of marital ties. Whether or not spouses lived together, the husband's duty of support continued throughout the wife's life. Underpinning the husband's support obligation was an assumption that married women should not and often could not support themselves. However, the appearance of absolute divorce and the supposed end of coverture meant the end of caregivers' lifetime support ticket and also the end of a clear rationale for alimony. But alimony mysteriously endures. A partial explanation may lie in Reva Siegel's observation that the law of coverture continued to influence judicial thinking well into the twentieth century. Courts may have also been inspired by the pragmatic concern that if a dependent wife were cut off from her source of support, she would become a public charge.
