Sunday, June 13, 2021

A Solution to Feminist Divorce Concerns about Prenuptial Contracts with Successful Men

A Solution to Feminist Divorce Concerns about Prenuptial Contracts with Successful Men

(Note: This concern would also apply to men that had a more substantial financial position due to inheritance or other circumstances.)

Feminist lawyers, among others, worry about post-divorce status of women that marry men with a more substantial financial position and therefore require a prenuptial contract before getting married.

For financially successful men, one of the huge troubles is that family law typically treats these men, and these men alone,  as wealthy insurance resources against all manner of "changed circumstances" and "unforeseen circumstances."  This is despite the fact that the government has far more power and resources than the men to provide this insurance.  Essentially, the government is abdicating its financial responsibility and simply dumping the responsibility on men because it has the power to do so.  In the absence of marriage, it is worth noting that the government has some responsibility to deal with "changed circumstances" and "unforeseen circumstances."  Of course, when payments come out of the government's pocket,  these payments are usually far less than when the government can take them out of a man's pockets.

What is needed to protect people is a divorce insurance policy against any changed or unforeseen circumstances not covered in the prenuptial agreement.  Essentially,  instead of this insurance being provided solely by the man,  at the whim of the government,  an insurance policy is purchased by the couple that will provide adequate financial resources to the woman.  Ideally, this insurance would be purchased from the government,  giving the government a stake in keeping the insurance payouts and premiums reasonable.  Currently,  the government has no incentive to keep the payouts reasonable because the government has no skin in the game.  (I suppose a private company might provide the insurance instead of the government, but then the government still has little incentive to keep payouts reasonable and the private company insurance premiums may be higher to reflect this fact.)

So part of the prenuptial negotiation will be to determine the insurance payout that provides the woman what she considers adequate protection.  The insurance premium can be paid from marital funds generated during the marriage,  because it is a joint responsibility to ensure adequate protection.   This provides adequate protection for the woman while not requiring any pre-marital or post-marital resources from the man.  Thus, the man is insured against having to supply his separate non-marital resources to cover what is a joint marital responsibility.

(At the cost of removing a bit of female agency, the government could specify a minimum payout for adequate protection.  Unless the government sets this minimum too high,  the effect of limiting men's choice in negotiations should not be too dramatic.  Probably, the effect would be to decrease the overall number of marriages and shift the marriages ever more toward assortative marriages.  For example, see  https://smolyhokes.blogspot.com/2020/07/denying-men-choice.html.)

 



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