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Non-Marital Childbearing and Marital Property Laws: An Application of the WIHO Model

Shoshana Grossbard

No 2023-005, Working Papers from Human Capital and Economic Opportunity Working Group

Abstract: This article analyzes choice between marital and non-marital childbearing based on a conceptual model that considers the repercussions of marriage laws for the individual wellbeing of women and men living in couples. Childbearing responses to changes in three marriage laws are evaluated: (1) the annulment of coverture laws in the second half of the 19th Century and the first part of the 20th Century; (2) a switch in legal regime used to attribute marital property (from a British system generally less protective of the property rights of lower-earning spouses to a regime of community property), and (3) changes in the availability of Common law marriage in addition to regular marriage. The model is based on a WIHO (Work-In-Household) model and assumes that individual women and men make decisions regarding production and reproduction.

Keywords: marital and non-marital childbearing; coverture laws; common law marriage (search for similar items in EconPapers)
JEL-codes: J12 J13 K36 (search for similar items in EconPapers)
Date: 2023-02
New Economics Papers: this item is included in nep-his and nep-law
Note: FI
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http://humcap.uchicago.edu/RePEc/hka/wpaper/Grossb ... marital-property.pdf First version, February 1, 2023 (application/pdf)

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