IDEAS home Printed from https://ideas.repec.org/a/kap/reveho/v3y2005i3p337-359.html
   My bibliography  Save this article

“Economic Theory’s Stance On No-Fault Divorce”

Author

Listed:
  • Stéphane Mechoulan

Abstract

This article explores key insights that economic theory can shed on the issue of no-fault divorce in the United States, addressing modifications in the incentive structure of individuals that resulted from the legislative reforms of the 1970s. After stressing the importance of correctly interpreting and classifying divorce laws, this work investigates the contributions of the theory of property rights, the contributions of game theory and intra-household bargaining, and the contributions of general equilibrium analysis in our understanding of how divorce laws work and what their impact is. By doing so, this exposé analyzes the theoretical consequences of no-fault divorce on the decision whether to get married or divorced, on the characteristics of spouses and divorcees, on divorce rates, and on marital-specific and non marital-specific investments. Copyright Springer Science+Business Media, Inc. 2005

Suggested Citation

  • Stéphane Mechoulan, 2005. "“Economic Theory’s Stance On No-Fault Divorce”," Review of Economics of the Household, Springer, vol. 3(3), pages 337-359, September.
  • Handle: RePEc:kap:reveho:v:3:y:2005:i:3:p:337-359
    DOI: 10.1007/s11150-005-3461-3
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s11150-005-3461-3
    Download Restriction: Access to full text is restricted to subscribers.

    File URL: https://libkey.io/10.1007/s11150-005-3461-3?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

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

    References listed on IDEAS

    as
    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. Plamen Nikolov & Karen Gardiner & Mike Fishman, 2003. "State Policies to promote marriage," HEW 0306003, University Library of Munich, Germany.
    3. Niko Matouschek & Imran Rasul, 2008. "The Economics of the Marriage Contract: Theories and Evidence," Journal of Law and Economics, University of Chicago Press, vol. 51(1), pages 59-110, February.
    4. Dnes,Antony W. & Rowthorn,Robert (ed.), 2002. "The Law and Economics of Marriage and Divorce," Cambridge Books, Cambridge University Press, number 9780521809337, October.
    5. 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.
    6. Jonathan Gruber, 2000. "Is Making Divorce Easier Bad for Children? The Long Run Implications of Unilateral Divorce," NBER Working Papers 7968, National Bureau of Economic Research, Inc.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Éric Langlais, 2010. "On unilateral divorce and the “selection of marriages” hypothesis," Recherches économiques de Louvain, De Boeck Université, vol. 76(3), pages 229-256.
    2. González, Libertad & Viitanen, Tarja K., 2009. "The effect of divorce laws on divorce rates in Europe," European Economic Review, Elsevier, vol. 53(2), pages 127-138, February.
    3. Bruno Deffains & Eric Langlais, 2006. "Incentives to cooperate and the discretionary power of courts in divorce law," Review of Economics of the Household, Springer, vol. 4(4), pages 423-439, December.
    4. Hiller, Victor & Recoules, Magali, 2013. "Changes in divorce patterns: Culture and the law," International Review of Law and Economics, Elsevier, vol. 34(C), pages 77-87.
    5. Pablo Brassiolo, 2016. "Domestic Violence and Divorce Law: When Divorce Threats Become Credible," Journal of Labor Economics, University of Chicago Press, vol. 34(2), pages 443-477.
    6. Miguel Olivo-Villabrille, 2022. "The marital earnings premium: an IV approach," Empirical Economics, Springer, vol. 62(2), pages 709-747, February.
    7. Julio Cáceres-Delpiano & Eugenio Giolito, 2012. "The Impact of Unilateral Divorce on Crime," Journal of Labor Economics, University of Chicago Press, vol. 30(1), pages 215-248.
    8. Katie R. Genadek, 2018. "Unilateral Divorce and Time Allocation in the United States," Feminist Economics, Taylor & Francis Journals, vol. 24(1), pages 63-87, January.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. González, Libertad & Viitanen, Tarja K., 2009. "The effect of divorce laws on divorce rates in Europe," European Economic Review, Elsevier, vol. 53(2), pages 127-138, February.
    2. Wolfgang Frimmel & Martin Halla & Rudolf Winter-Ebmer, 2016. "How Does Parental Divorce Affect Children's Long-term Outcomes?," Working Papers 2016-13, Faculty of Economics and Statistics, Universität Innsbruck.
    3. Nicolas Frémeaux & Marion Leturcq, 2013. "Plus ou moins mariés : l'évolution du mariage et des régimes matrimoniaux en France," Économie et Statistique, Programme National Persée, vol. 462(1), pages 125-151.
    4. Fisher, H., 2011. "Divorce Property Division and the Decision to Marry or Cohabit," Cambridge Working Papers in Economics 1101, Faculty of Economics, University of Cambridge.
    5. 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.
    6. Marion Leturcq, 2011. "Competing marital contracts? The marriage after civil union in France," Working Papers halshs-00655585, HAL.
    7. Stéphane Mechoulan, 2006. "Divorce Laws and the Structure of the American Family," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 143-174, January.
    8. Martin Halla & Johann Scharler, 2012. "Marriage, Divorce, and Interstate Risk Sharing," Scandinavian Journal of Economics, Wiley Blackwell, vol. 114(1), pages 55-78, March.
    9. Ho Lun Wong, 2021. "Effect of marriage registration on fertility and intrahousehold distribution in Thailand," Pacific Economic Review, Wiley Blackwell, vol. 26(3), pages 312-338, August.
    10. González, Libertad & Viitanen, Tarja, 2008. "The Long Term Effects of Legalizing Divorce on Children," IZA Discussion Papers 3789, Institute of Labor Economics (IZA).
    11. Martin Halla & Mario Lackner & Johann Scharler, 2016. "Does the Welfare State Destroy the Family? Evidence from OECD Member Countries," Scandinavian Journal of Economics, Wiley Blackwell, vol. 118(2), pages 292-323, April.
    12. Miguel Olivo-Villabrille, 2022. "The marital earnings premium: an IV approach," Empirical Economics, Springer, vol. 62(2), pages 709-747, February.
    13. González-Val, Rafael & Marcén, Miriam, 2012. "Unilateral divorce versus child custody and child support in the U.S," Journal of Economic Behavior & Organization, Elsevier, vol. 81(2), pages 613-643.
    14. Betsey Stevenson, 2008. "Divorce Law and Women's Labor Supply," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(4), pages 853-873, December.
    15. Chigavazira, Abraham & Fisher, Hayley & Robinson, Tim & Zhu, Anna, 2019. "The Consequences of Extending Equitable Property Division Divorce Laws to Cohabitants," IZA Discussion Papers 12102, Institute of Labor Economics (IZA).
    16. Bellido, Héctor & Marcén, Miriam, 2014. "Divorce laws and fertility," Labour Economics, Elsevier, vol. 27(C), pages 56-70.
    17. Martin Halla, 2009. "The Effect of Joint Custody on Marriage and Divorce," Economics working papers 2009-09, Department of Economics, Johannes Kepler University Linz, Austria.
    18. Julio Cáceres-Delpiano & Eugenio Giolito, 2012. "The Impact of Unilateral Divorce on Crime," Journal of Labor Economics, University of Chicago Press, vol. 30(1), pages 215-248.
    19. Giorgio Gronchi & Elena Parilina & Alessandro Tampieri, 2021. "Plenty of Fish in the Sea: Divorce Choice and the Quality of Singles," Mathematics, MDPI, vol. 9(23), pages 1-33, November.
    20. Matthias Fahn & Ray Rees, 2011. "Household Relational Contracts for Marriage, Fertility and Divorce," CESifo Working Paper Series 3655, CESifo.

    More about this item

    Keywords

    divorce; no-fault; marriage; marital investments; incentives; B4; D1; K3;
    All these keywords.

    JEL classification:

    • B4 - Schools of Economic Thought and Methodology - - Economic Methodology
    • D1 - Microeconomics - - Household Behavior
    • K3 - Law and Economics - - Other Substantive Areas of Law

    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:kap:reveho:v:3:y:2005:i:3:p:337-359. See general information about how to correct material in RePEc.

    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.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with 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.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.