No-Fault Divorce is a Good Idea for Moms--So Is Working Full Time

June 21, 2010 RSS Feed Print
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By Bonnie Erbe, Thomas Jefferson Street blog

New York and California usually lead on all manner of state law reform. But in this one peculiar case, California led the nation in passing no-fault divorce laws (passing its version in 1969 which was signed by then-Gov. Ronald Reagan) and New York is currently working on its late-in-the-game version, 41 years later.

The New York Times last week ran an online roundtable discussion on no-fault divorce. Some of the participants delivered genuinely interesting facts: One sociologist, for example, revealed her findings that no-fault divorce did not raise divorce rates in states that adopted it. But it did lead to substantially lower rates of domestic violence.

Less domestic violence and no increase in the divorce rate are positive developments. So to that extent, I say, huzzah! But the head of New York State's NOW chapter, Marcia Pappas, argues against no-fault divorce because she says it strips the non-earning spouse of bargaining power:

We must look at the socioeconomic standing of women in our society. Women clearly continue to be the non- or lesser moneyed spouse, as women continue to give up careers and financial independence for the role of housewife and mother. For this reason alone we must look closely at how divorce affects the lives of women and children and the role that the state should play to ensure that homemakers and children not be left destitute after divorce.

I must say, I disagree with this approach. The longer we mollycoddle women, the less well women are going to fare economically. Women must realize that marriage is an economic partnership as well as a romantic one, and if women want to give up working to stay home to raise children, they are also giving up their financial futures as well.

Forty years after second-wave feminism I find some 50-something friends waking up to the fact they allowed themselves to become financially dependent on their spouses and they are extremely uncomfortable with their current situations. The women to whom I am referring are extremely well-educated and had promising careers in their 20s and 30s. But they dropped out of the workforce when the kids came along. It's much, much tougher, if not impossible, for them to reenter the workforce in any meaningful way now. What I have advised each of them is to launch their own small business, rather than try to find corporate work.

None of this is new. It's a cycle that has repeated itself for several generations now. I see some 20-something friends headed in the same sorry direction. But I also see some 20-somethings agreeing before marriage with their husbands-to-be that each spouse will do half the child-rearing and each will continue to work full time. This lowers the amount of daycare these parents will need to pay for, and it assures a higher income for the wife throughout her career. It also means once the kids fledge, the woman does not find herself completely financially dependent on her spouse and unable to kick-start her own career again.

Tags:
feminism,
divorce,
California,
working women,
parenting,
Ronald Reagan,
New York

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Sounds like the bantering of someone who lives in a fantasy world. Why do so many women end up staying at home? Because there is a lack of work place flexibility. Not many couples can get equal time off to care for children. You act like women ought to have babies only to ship them off to daycare to be raised by strangers. You are right, however, there is plenty of financial risk for a stay-at-home spouse. There ought to be more financial protection built in for that person. 401k an an education fund. If the other spouse doesn't like it then don't get married.

MisQ of 12:51AM April 14, 2012

No fault PROMOTES the slacker spouse to become unemployed or work "under the table" during the divorce to get the courts pity. The spouse who worked to get the home and improve it can literally have it stolen by bankruptcy fraud comitted by the offending spouse. The same offending spouse is not held accountable if they take out a credit card in their spouses name. The offending spouse can embellish vacation plans without the others consent/knowledge by forging their signature, there is no law enforcement group in a "no-fault" state that will prosecute the criminal because they hide behind "its a civil issue"

tim of CA 9:04PM February 14, 2012

If you can't get someone to honor their marriage contract, how are you going to get that person to honor an agreement to do his or her part in raising the kids? You can't. And usually it's the woman who is forced to put her career on the back burner because the husband won't fully commit to his half of shuttling kids around, doing due diligence in finding safe child care, keeping the house up, running herd on the kids' homework, and taking care of the myriad details that arise in a household with children. The working mother ends up exhausted, the husband blames her for not being able to do it all, and then he walks. How is that good for the kids?

I'm sure it's not always the husband, but when I look around, it's the wives and mothers who have the same complaints and haggard looks. Fifty years after all the bra-burning and insistence that women work outside the home, men still don't step up to the plate when it comes to child care and housekeeping.

And just because women file most of the divorce petitions doesn't mean they want a divorce for no reason. If one spouse has broken the marriage contract, then the courts should consider that in the settlement. So what if it's messy? Most lawsuits are. That's what the courts were created to do -- render judgments based on facts and testimony, not just divide property.

Especially if the working spouse agreed to support the one at home caring for kids, which freed the working spouse from numerous and heavy responsibilities and enhanced that person's career opportunities, then the courts should value that contribution and divvy up the finances in a way that recognizes that sacrifice.

Of course, the other alternative, which I highly recommend, is don't get married or have children any more. It's a thankless task.

Susie Cue of FL 6:42PM April 15, 2011

Bonnie Erbe

Bonnie Erbe

Bonnie Erbe is a contributing editor at U.S. News & World Report and hosts PBS's weekly news analysis program, To the Contrary with Bonnie Erbe. She also writes a weekly syndicated newspaper column for Scripps Howard News Service.

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