Jump to ContentJump to Main Navigation
The Marriage BuyoutThe Troubled Trajectory of U.S. Alimony Law$
Users without a subscription are not able to see the full content.

Cynthia Lee Starnes

Print publication date: 2014

Print ISBN-13: 9780814708248

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814708248.001.0001

Show Summary Details

(p.1) Introduction

(p.1) Introduction

Chapter:
(p.1) Introduction
Source:
The Marriage Buyout
Author(s):

Cynthia Lee Starnes

Publisher:
NYU Press
DOI:10.18574/nyu/9780814708248.003.0001

This introductory chapter sets out the book's purpose, namely to further our understanding of alimony by examining the history and current state of alimony law, theory, and practice, and then advancing a reconceptualization of alimony as a marriage buyout. Buyouts draw on a loose analogy to partnership—a compelling metaphor for contemporary marriage, with its principles of mutual contribution, reciprocal responsibility, shared fate, and default rules that assume equality of status. Buyouts do not depend on who files for divorce or who commits marital fault; nor do they aim to penalize a spouse who wants out or compel specific performance of the marriage promise. What buyouts do, however, is to replace alimony with a financial award consistent with norms of contemporary marriage; they provide a presumptive quantification formula that injects predictability and certainty into the law; and they go far in ensuring that primary caregivers are not thrown under the bus when their marriages end.

Keywords:   divorce, alimony, marriage buyout, financial award, partnerships

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.