The Marriage Buyout : The Troubled Trajectory of U.S. Alimony Law - Cynthia Lee Starnes

The Marriage Buyout

The Troubled Trajectory of U.S. Alimony Law

By: Cynthia Lee Starnes

Hardcover | 15 June 2014

At a Glance

Hardcover


RRP $97.99

$82.40

16%OFF

or 4 interest-free payments of $20.60 with

 or 

Aims to ship in 5 to 10 business days

From divorce court to popular culture, alimony
is a dirty word. Unpopular and rarely ordered, the awards are frequently
inconsistent and unpredictable. The institution itself is often viewed as an
historical relic that harkens back to a gendered past in which women lacked the
economic independence to free themselves from economic support by their spouses.
In short, critics of alimony claim it has no place in contemporary visions of
marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The
Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat
today's primary caregivers as if they were suckers. Her solution is to
radically reconceptualize alimony as a marriage buyout.
Starnes's buyouts draw on a partnership model of marriage that reinforces
communal norms of marriage, providing a gender-neutral alternative to alimony
that assumes equality in spousal contribution, responsibility, and right. Her
quantification formulae support new default rules that make buyouts more
certain and predictable than their current alimony counterparts. Looking beyond
alimony, Starnes outlines a new vision of marriages with children, describing a
co-parenting partnership between committed couples, and the conceptual basis
for income sharing between divorced parents of minor children. Ultimately,
under a partnership model, the focus of alimony is on gain rather than loss and
equality rather than power: a spouse with disparately low earnings isn't a
sucker or a victim dependent on a fixed alimony payment, but rather an equal
stakeholder in marriage who is entitled at divorce to share any gains the
marriage produced.

Industry Reviews
"The Marriage Buyout is a comprehensive and thorough review of alimony's history, rationale, promises, and pitfalls. To solve the dilemmas of contemporary alimony law, the book advocates a pathbreaking solution that makes 'I do' really matter. Cynthia Lee Starnes is already widely recognized for her profound insights into alimony, and this book provides an even stronger basis for that reputation. Although the book is centered on alimony, Starnes applies her analytical lens to other issues that arise at the end of marriage, providing new insights into our entire system of divorce."-Naomi Cahn, Harold H. Greene Professor of Law, George Washington University Law School "The Marriage Buyout is an unusual book: it is both entertaining and profound. Professor Starnes has produced a readable and incisive critique of alimony law within the United States and elsewhere as well as a creative framework for reform. Law students and practicing lawyers will surely benefit from her careful exposition of competing approaches to alimony. Her proposed use of a partnership buyout model would take us a long way toward a coherent and fair theory of alimony. The book should be read, and read again, by any groups involved in family law reform."-Barbara A. Atwood, Mary Anne Richey Professor of Law Emerita, University of Arizona "Professor Starnes rigorously analyzes our outmoded, gender-imbalanced approach to the financial effects of marital, cohabitant and co-parental relationship dissolution. Her devastating analysis makes it clear that policymakers concerned about the well-being of all family members after divorce or separation should take heed of her courageous, well-grounded and clearsighted proposals to reconceptualize economic justice in the family."-Theresa Glennon, Temple University Beasley School of Law

More in Family Law

Family Law in Australia : 10th edition - Adiva Sifris

RRP $162.00

$128.90

20%
OFF
Children and the Law in Australia, 2nd edition - Lisa Young

RRP $169.00

$144.25

15%
OFF
Family Law : 7th Edition - Grant Riethmuller

RRP $180.00

$169.50

Family Law Principles - Revised : 3rd Edition - Alexandra Harland

RRP $139.00

$120.90

13%
OFF
Courting : An Intimate History of Love and the Law - Alecia Simmonds
The Family in Law : 1st Edition - Archana Parashar

RRP $161.95

$123.95

23%
OFF
Child Migration : Family and Immigration Laws - Kathryn Cronin

RRP $220.00

$156.50

29%
OFF
Child Welfare in America : A Reference Handbook - Yvonne Vissing

RRP $110.00

$83.75

24%
OFF
Grandparents and the Law : Rights and Relationships - Samantha M Davey
Wards of Court and the Inherent Jurisdiction - Rob George

RRP $180.00

$132.25

27%
OFF
Family Law Reform Now : Proposals and Critique - Charlotte Bendall

RRP $180.00

$132.25

27%
OFF
Private Sponsorship of Refugees in Europe - Chiara Berneri

RRP $170.00

$125.75

26%
OFF
Australian Family Law 2ed : The Contemporary Context - Belinda Fehlberg

RRP $159.95

$130.75

18%
OFF