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When equitable is not equal: experimental evidence on the division of marital assets in divorce

Author

Listed:
  • Joni Hersch

    (Vanderbilt Law School)

  • Jennifer Bennett Shinall

    (Associate Professor of Law, Vanderbilt Law School)

Abstract

Upon divorce, marital assets in most U.S. states are divided equitably, often with the underlying legal purpose of equalizing outcomes. To examine whether decisionmakers value economic considerations, such as opportunity cost, specialization, and bargaining power, we conducted a vignette study in which we asked subjects to divide marital assets equitably between an employed husband and a wife without labor market income in a wealthy household. Subjects award less than 50 percent of assets to the wife, regardless of her education or the level of marital assets. Men award lower shares but, unlike women, award a larger share to a more educated wife. Equitable division can lead to unequal outcomes for wives who opt out of the labor force. These findings imply that the objective of equalizing post-divorce outcomes would be better accomplished through legal directives that nudge towards equal asset division and assign greater weight to nonmonetary contributions.

Suggested Citation

  • Joni Hersch & Jennifer Bennett Shinall, 2020. "When equitable is not equal: experimental evidence on the division of marital assets in divorce," Review of Economics of the Household, Springer, vol. 18(3), pages 655-682, September.
    • Handle: RePEc:kap:reveho:v:18:y:2020:i:3:d:10.1007_s11150-019-09475-w
    DOI: 10.1007/s11150-019-09475-w
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    1. Betsey Stevenson, 2007. "The Impact of Divorce Laws on Marriage-Specific Capital," Journal of Labor Economics, University of Chicago Press, vol. 25(1), pages 75-94.
    2. Peters, H Elizabeth, 1986. "Marriage and Divorce: Informational Constraints and Private Contracting," American Economic Review, American Economic Association, vol. 76(3), pages 437-454, June.
    3. Christine Schwartz & Robert Mare, 2005. "Trends in educational assortative marriage from 1940 to 2003," Demography, Springer;Population Association of America (PAA), vol. 42(4), pages 621-646, November.
    4. Smith, Ian, 2007. "Property division on divorce with inequity aversion," International Review of Law and Economics, Elsevier, vol. 27(2), pages 111-128.
    5. Alessandra Voena, 2015. "Yours, Mine, and Ours: Do Divorce Laws Affect the Intertemporal Behavior of Married Couples?," American Economic Review, American Economic Association, vol. 105(8), pages 2295-2332, August.
    6. Adam J. Berinsky & Michele F. Margolis & Michael W. Sances, 2014. "Separating the Shirkers from the Workers? Making Sure Respondents Pay Attention on Self‐Administered Surveys," American Journal of Political Science, John Wiley & Sons, vol. 58(3), pages 739-753, July.
    7. Manser, Marilyn & Brown, Murray, 1980. "Marriage and Household Decision-Making: A Bargaining Analysis," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 21(1), pages 31-44, February.
    8. Farmer, Amy & Tiefenthaler, Jill, 2001. "Conflict in divorce disputes: the determinants of pretrial settlement," International Review of Law and Economics, Elsevier, vol. 21(2), pages 157-180, June.
    9. Lasse Eika & Magne Mogstad & Basit Zafar, 2019. "Educational Assortative Mating and Household Income Inequality," Journal of Political Economy, University of Chicago Press, vol. 127(6), pages 2795-2835.
    10. Grossbard,Shoshana A. (ed.), 2003. "Marriage and the Economy," Cambridge Books, Cambridge University Press, number 9780521814546, September.
    11. Betsey Stevenson & Justin Wolfers, 2006. "Bargaining in the Shadow of the Law: Divorce Laws and Family Distress," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 121(1), pages 267-288.
    12. Gray, Jeffrey S, 1998. "Divorce-Law Changes, Household Bargaining, and Married Women's Labor Supply," American Economic Review, American Economic Association, vol. 88(3), pages 628-642, June.
    13. Grossbard-Shechtman, Shoshana Amyra, 1984. "A Theory of Allocation of Time in Markets for Labour and Marriage," Economic Journal, Royal Economic Society, vol. 94(376), pages 863-882, December.
    14. Tess Wilkinson-Ryan & Jonathan Baron, 2008. "The Effect of Conflicting Moral and Legal Rules on Bargaining Behavior: The Case of No-Fault Divorce," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 315-338, January.
    15. Grossbard,Shoshana A. (ed.), 2003. "Marriage and the Economy," Cambridge Books, Cambridge University Press, number 9780521891431, September.
    16. David L. Dickinson & Jill Tiefenthaler, 2002. "What Is Fair? Experimental Evidence," Southern Economic Journal, John Wiley & Sons, vol. 69(2), pages 414-428, October.
    17. Justin Wolfers, 2006. "Did Unilateral Divorce Laws Raise Divorce Rates? A Reconciliation and New Results," American Economic Review, American Economic Association, vol. 96(5), pages 1802-1820, December.
    18. Ho-Po Crystal WONG, 2016. "Credible Commitments and Marriage: When the Homemaker Gets her Share at Divorce," JODE - Journal of Demographic Economics, Cambridge University Press, vol. 82(3), pages 241-279, September.
    19. Joni Hersch, 2013. "Opting out among women with elite education," Review of Economics of the Household, Springer, vol. 11(4), pages 469-506, December.
    20. Brinig Margaret F., 2005. ""Unhappy Contracts": The Case of Divorce Settlements," Review of Law & Economics, De Gruyter, vol. 1(2), pages 241-275, September.
    21. 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.
    22. McElroy, Marjorie B & Horney, Mary Jean, 1981. "Nash-Bargained Household Decisions: Toward a Generalization of the Theory of Demand," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 22(2), pages 333-349, June.
    23. Richard Raymond, 1999. "The Neglect of Human Capital Gains and Losses Upon the Dissolution of Long-Term Marriages: A Suggested Remedy," Journal of Forensic Economics, National Association of Forensic Economics, vol. 12(2), pages 135-150, April.
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