The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

by Cynthia Lee Starnes


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The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law by Cynthia Lee Starnes

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.

Product Details

ISBN-13: 9780814708248
Publisher: New York University Press
Publication date: 05/16/2014
Series: Families, Law, and Society Series
Pages: 235
Product dimensions: 6.20(w) x 9.00(h) x 1.10(d)

About the Author

Cynthia Lee Starnes is The John F. Schaefer Chair in Matrimonial Law at Michigan State University College of Law.

Table of Contents

Part I. Alimony Reflections
1. Who Cares about Alimony?
2. Alimony’s Heritage: The Helpless, the Blameless, and the Clean-Break Losers
3. Alimony and Mother Myths
Part II. Alimony Mechanics
4. The Contemporary State of Alimony
5. Alimony in Context: A Comparative Perspective
Part III. Alimony Theory
6. Reasons Matter: Alimony, Intuition, and the Remarriage Termination Rule
7. The Search for a Contemporary Rationale
Part IV: Alimony Reform
8. A Marital Partnership Model: Alimony as Buyout
9. Beyond Alimony: Lovers, Parents, and Partners
About the Author

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