Abstract

http://ssrn.com/abstract=1466971
 


 



Should the Theory of Alimony Include Nonfinancial Losses and Motivations?


Ira Mark Ellman


Arizona State University College of Law; Arizona State University (ASU) - Department of Psychology

1991

Brigham Young University Law Review, p. 259, 1991

Abstract:     
Professor Schneider's careful critique of the author’s work, The Theory of Alimony (The Theory), raises some important points, which allows the author both to refine and to clarify The Theory's arguments. This article summarizes both The Theory and Professor Schneider's critique. It discusses the role of incentives, highlights The Theory's core assumptions, and explains why much of Professor Schneider's critique follows from The Theory's exclusive focus on financial losses and motivations. While conceding that The Theory's exclusive focus on financial losses and motivations necessarily results in an occasional failure to provide adequate incentives for the behavior it intends to encourage, it also shows that The Theory avoids a more serious flaw that Professor Schneider's analysis suggests it may make: that of creating disincentives for that behavior. It also examines in detail both the rationale for, and the effect of, The Theory's exclusion of nonfinancial factors.

This article concludes that, while imperfect, The Theory's imperfections are ones of omission, rather than of commission. It therefore still offers an advance over a system without alimony, or over alimony without a system, which is how one might describe the current law. Additionally, it suggests that Professor Schneider’s concerns might more readily be redressed by tort law.

Keywords: The Theory of Alimony, No-fault Divorce, Family Law

Accepted Paper Series


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Date posted: September 3, 2009  

Suggested Citation

Ellman, Ira Mark, Should the Theory of Alimony Include Nonfinancial Losses and Motivations? (1991). Brigham Young University Law Review, p. 259, 1991. Available at SSRN: http://ssrn.com/abstract=1466971

Contact Information

Ira Mark Ellman (Contact Author)
Arizona State University College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2125 (Phone)
HOME PAGE: http://www.law.asu.edu/HomePages/Ellman/
Arizona State University (ASU) - Department of Psychology ( email )
Tempe, AZ 85287-1104
United States
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