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Breaking Up is Hard to Do: The Economics of Spousal Support

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  • Samuel A. Rea

    (Department of Economics and Faculty of Law, University of Toronto)

Abstract

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.

Suggested Citation

  • Samuel A. Rea, 1995. "Breaking Up is Hard to Do: The Economics of Spousal Support," Law and Economics 9505001, University Library of Munich, Germany.
    • Handle: RePEc:wpa:wuwple:9505001
    Note: PS 30 pp, screen format 52 pp. JEL Classification: K39, J12
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    References listed on IDEAS

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    1. 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.
    2. Jacob Mincer & Solomon Polachek, 1974. "Family Investments in Human Capital: Earnings of Women," NBER Chapters, in: Marriage, Family, Human Capital, and Fertility, pages 76-110, National Bureau of Economic Research, Inc.
    3. Daniel, K., 1991. "Does Marriage Make Men More Productive?," University of Chicago - Economics Research Center 92-2, Chicago - Economics Research Center.
    4. Sanders Korenman & David Neumark, 1991. "Does Marriage Really Make Men More Productive?," Journal of Human Resources, University of Wisconsin Press, vol. 26(2), pages 282-307.
    5. Richard A. Easterlin, 1992. "Analysis," Challenge, Taylor & Francis Journals, vol. 35(4), pages 51-53, July.
    6. 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 1141-1187, December.
    7. 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.
    8. Joseph Farrell & Suzanne Scotchmer, 1988. "Partnerships," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 103(2), pages 279-297.
    9. 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.
    10. 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 629-679, October.
    11. 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 503-520, June.
    12. Sheila Eastman, 1992. "Improving Outcomes for Divorced Women," Canadian Public Policy, University of Toronto Press, vol. 18(3), pages 318-326, September.
    13. 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 265-270, May.
    14. Sander, William, 1985. "Women, Work, and Divorce," American Economic Review, American Economic Association, vol. 75(3), pages 519-523, June.
    15. 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.
    16. 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 268-292, July.
    17. 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.
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