Abstract

http://ssrn.com/abstract=713110
 


 



'These Boots are Made for Walking': Why Most Divorce Filers are Women


Margaret F. Brinig


Notre Dame Law School

Douglas W. Allen


Simon Fraser University

2000

American Law and Economics Review, Vol. 2, pp. 126-169, 2000

Abstract:     
Because of the financial and social hardship faced after divorce, most people assume that generally husbands have instigated divorce since the introduction of no-fault divorce. Yet women file for divorce and are often the instigators of separation, despite a deep attachment to their children and the evidence that many divorces harm children. Furthermore, divorced women in large numbers reveal that they are happier than they were while married. They report relief and certainty that they were right in leaving their marriages. This fundamental puzzle suggests that the incentives to divorce require a reexamination, and that the forces affecting the net benefits from marriage may be quite complicated, and perhaps asymmetric between men and women. This paper considers women's filing as rational behavior, based on spouses' relative power in the marriage, their opportunities following divorce, and their anticipation of custody.

Accepted Paper Series


Not Available For Download

Date posted: May 11, 2005  

Suggested Citation

Brinig, Margaret F. and Allen, Douglas W., 'These Boots are Made for Walking': Why Most Divorce Filers are Women ( 2000). American Law and Economics Review, Vol. 2, pp. 126-169, 2000. Available at SSRN: http://ssrn.com/abstract=713110

Contact Information

Margaret Friedlander Brinig (Contact Author)
Notre Dame Law School ( email )
P.O. Box 780
3157 Eck Hall of Law
Notre Dame, IN 46556-0780
United States
574-631-2303 (Phone)
574-631=8078 (Fax)
Douglas W. Allen
Simon Fraser University ( email )
8888 University Drive
Burnaby, British Columbia V5A 1S6
Canada
604-291-3445 (Phone)
604-291-5944 (Fax)
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