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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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The Marriage Buyout - The Troubled Trajectory of U.S. Alimony Law (Hardcover)
Loot Price: R1,298
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The Marriage Buyout - The Troubled Trajectory of U.S. Alimony Law (Hardcover)
Series: Families, Law, and Society
Expected to ship within 10 - 15 working days
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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 as Cynthia Lee Starnes argues in
The Marriage Buyout, alimony is often the only practical tool for
ensuring that divorce does not treat today's primary caregivers as
if they were suckers. Her solution is to radically reconceptualize
alimony as a marriage buyout. Starnes's 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. Her quantification formulae support new default rules that
make buyouts more certain and predictable than their current
alimony counterparts. Looking beyond alimony, Starnes 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.
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