Abstract

http://ssrn.com/abstract=1467791
 
 

Citations (6)



 


 



The Theory of Alimony


Ira Mark Ellman


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

1989

California Law Review, Vol. 77, No. 1, p. 1, 1989

Abstract:     
Although alimony has long been a feature of divorce law, there is no theory explaining why either spouse should have a financial obligation to the other that survives their marriage. Explanations based on gender roles, or assessments of blame for the marriage's failure, are inconsistent with modern attitudes. More recently, commentators and courts have suggested that contract or partnership concepts explain alimony obligations. In Part I of this Article, Professor Ellman demonstrates the inadequacy of theories that use analogies to contract or partnership to explain or justify the imposition of alimony obligations. In Part II he offers a new theory of alimony based on a societal policy of encouraging sharing behavior in marriage by requiring compensation, at divorce, for the loss in earning capacity arising from such sharing behavior. Employing three basic principles, subsidiary rules, and numerous examples, Part II develops this general policy into a comprehensive theory.

Number of Pages in PDF File: 81

Keywords: Alimony, Family Law, Divorce

Accepted Paper Series





Download This Paper

Date posted: September 4, 2009  

Suggested Citation

Ellman, Ira Mark, The Theory of Alimony (1989). California Law Review, Vol. 77, No. 1, p. 1, 1989. Available at SSRN: http://ssrn.com/abstract=1467791

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
Feedback to SSRN


Paper statistics
Abstract Views: 484
Downloads: 97
Download Rank: 162,573
Citations:  6

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds