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Protecting Homemakers' Marriage-Specific Investments under No-Fault Divorce: A Model for Restructuring Alimony in Civil Law Countries

Protecting Homemakers' Marriage-Specific Investments under No-Fault Divorce: A Model for... The radical reform of Greek family law in 1983 included the introduction of no-fault divorce. This study examines the impact of the new liberalized divorce law on the well-being of homemakers in long-duration traditional marriages. We reviewed a sample of reported judicial decisions on postdivorce maintenance and found that Greek judges render restrictive interpretations of the general standards of need, adequacy, and sufficiency. We conclude that judges have failed to compensate full-time homemakers for their nonpecuniary contributions, and we propose a reliance-based alimony model that judges can use to protect financially weaker spouses upon divorce. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Law and Economics Review Oxford University Press

Protecting Homemakers' Marriage-Specific Investments under No-Fault Divorce: A Model for Restructuring Alimony in Civil Law Countries

Tsaoussis, Aspasia
American Law and Economics Review , Volume 6 (1) – Mar 1, 2004
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Publisher
Oxford University Press
Copyright
American Law and Economics Review Vol. 6 No. 1, © American Law and Economics Association 2004; all rights reserved.
ISSN
1465-7252
eISSN
1465-7260
DOI
10.1093/aler/ahh005
Publisher site
See Article on Publisher Site

Abstract

The radical reform of Greek family law in 1983 included the introduction of no-fault divorce. This study examines the impact of the new liberalized divorce law on the well-being of homemakers in long-duration traditional marriages. We reviewed a sample of reported judicial decisions on postdivorce maintenance and found that Greek judges render restrictive interpretations of the general standards of need, adequacy, and sufficiency. We conclude that judges have failed to compensate full-time homemakers for their nonpecuniary contributions, and we propose a reliance-based alimony model that judges can use to protect financially weaker spouses upon divorce.

Journal

American Law and Economics Review – Oxford University Press

Published: Mar 1, 2004

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