Improving Outcomes for Divorced Women

Sheila Eastman

Canadian Public Policy, 1992, vol. 18, issue 3, 318-326

Abstract: Laws of marriage and divorce framed to produce sex neutrality of rules have not resulted in sex neutrality of economic outcomes. This paper analyzes several policies for improving economic outcomes for wives: divorce insurance against loss of earning capacity, loss of expected standard of living or loss of spousal services; divorce-contingent pay for home-making services; and, finally, extension of equal asset sharing on divorce to changes in earning capacity. The latter is the system most consistent with the concept of marriage as an all encompassing economic partnership which underlies family law in Canada today, and is arguably consistent with the goals of equity and efficiency.

Date: 1992
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