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levite · 09-24-2008, 10:29 PM

Good timing on this question! We are just in the midst of discussing marriage and divorce rates in my pastoral counseling class, so it happens I have done my reading on this subject!

Far as I know divorce law in the US varies by state. California, where I live, is a "community property" state, which presumes that all assets owned by either spouse belong equally to both parties, unless specifically excluded by a prenuptial agreement. Some other states are also "community property" states, but many others have no such legal presumption, and different rules apply regarding the division of property upon divorce.

As for spousal maintenance-- what they used to call "alimony"-- the amount is generally determined by the judge, if it cannot be agreed upon by the two parties. It is by no means a set amount, or even a set proportion of income or expenses. It varies on a case by case basis, and the assets, incomes, and financial obligations of both parties are generally taken into account when a figure is being calculated. Spousal maintenance amounts can also be fixed, or spousal maintenance can be waived entirely, if agreed to in a prenuptial contract.

These days, most lawyers recommend that if one has any assets to speak of at all prior to marriage, or if one is at all concerned about possible future divorce, one should absolutely insist on a prenuptial agreement.

As far as I know, the most commonly cited reason for divorce in the US is "irreconcilable differences," which, granted, can mean just about anything. I have not heard of any preponderance of people getting divorced out of boredom, although I suppose this might be a case of "a rose by any other name...." Generally, as far as I can tell, people get married too quickly, without considering consequences, then find they are either too immature to commit, or are unsuited to their partner, or their partner is unsuited to them, or their partner is too immature to maintain a committed relationship, or all of the above. Then they divorce.

That said, it is also true that the numbers for divorce rates in the US are generally extremely inflated. Hysterical news reports talk about 50% of US marriages ending in divorce, but that is greatly exaggerated. About 30% of US marriages, on average, end in divorce, but the rates vary widely depending on the area of the country, the ethnic group involved, religious preferences, education, etc. Whether the 70% or so that stay married are happily married, or even faithful...that's a different question....

09-24-2008, 10:29 PM	#2 (permalink)
levite Minion of Joss Location: The Windy City	Good timing on this question! We are just in the midst of discussing marriage and divorce rates in my pastoral counseling class, so it happens I have done my reading on this subject! Far as I know divorce law in the US varies by state. California, where I live, is a "community property" state, which presumes that all assets owned by either spouse belong equally to both parties, unless specifically excluded by a prenuptial agreement. Some other states are also "community property" states, but many others have no such legal presumption, and different rules apply regarding the division of property upon divorce. As for spousal maintenance-- what they used to call "alimony"-- the amount is generally determined by the judge, if it cannot be agreed upon by the two parties. It is by no means a set amount, or even a set proportion of income or expenses. It varies on a case by case basis, and the assets, incomes, and financial obligations of both parties are generally taken into account when a figure is being calculated. Spousal maintenance amounts can also be fixed, or spousal maintenance can be waived entirely, if agreed to in a prenuptial contract. These days, most lawyers recommend that if one has any assets to speak of at all prior to marriage, or if one is at all concerned about possible future divorce, one should absolutely insist on a prenuptial agreement. As far as I know, the most commonly cited reason for divorce in the US is "irreconcilable differences," which, granted, can mean just about anything. I have not heard of any preponderance of people getting divorced out of boredom, although I suppose this might be a case of "a rose by any other name...." Generally, as far as I can tell, people get married too quickly, without considering consequences, then find they are either too immature to commit, or are unsuited to their partner, or their partner is unsuited to them, or their partner is too immature to maintain a committed relationship, or all of the above. Then they divorce. That said, it is also true that the numbers for divorce rates in the US are generally extremely inflated. Hysterical news reports talk about 50% of US marriages ending in divorce, but that is greatly exaggerated. About 30% of US marriages, on average, end in divorce, but the rates vary widely depending on the area of the country, the ethnic group involved, religious preferences, education, etc. Whether the 70% or so that stay married are happily married, or even faithful...that's a different question.... __________________ Dull sublunary lovers love, Whose soul is sense, cannot admit Absence, because it doth remove That thing which elemented it. (From "A Valediction: Forbidding Mourning" by John Donne)