Married against Their Will? toward a Pluralist Regulation of Spousal Relationships

Abstract

Table of ContentsI. Introduction 1567II. Existing Approaches and Their Limitations 1574A. The Status Model Distinction Between Marriage and Cohabitation 1574B. The Contractual Distinction Between Marriage and Cohabitation 1575C. The Contractual Equation Between Marriage and Cohabitation 15771. The Implicit Contract Model 15772. The Revised Relational Contract Model 1578D. The Status Model Equation Between Marriage and Cohabitation 15801. The Extra-Contractual Argument 15802. The Power Gap Argument 15813. The Same-Sex Couples Argument 15824. The Status Model in Existing Jurisdictions 1582E. The Need for a New Theory 15851 . Limitations of the Contractual Approaches 15862. Limitations of the Status Approach 15873. Intermediate Summary 1589III. Toward a Pluralist Approach to Cohabitation Law 1589A. The Pluralist Case for Distinguishing Marriage and Cohabitation 15901 . The Channeling Perspective: Marriage as an Ex Ante Screening Mechanism 15902. The Autonomy-Based Rationale for Pluralism 15933. The Efficiency Perspective: Pluralism and the Signaling Function of Marriage 1594B. Designing Cohabitation as an Autonomy-Based Social Institution 15961. Substantive Freedom of Choice 15972. Tolerance, State Responsibility, and the Extra-Contractual Considerations 15973. Individualism, Right of Exit, and Relational Commitments 1599IV. From Theory to Practice: The Pluralist Model of Cohabitant Law 1601A. Outline of a Model 1601B. Who Should Be Defined as Cohabitants? 1604C . Property Relationship Between Cohabitants 16071. The Equal Division Rule and Its Underlying Rationales 16072. The Applicability of the Equal Division Rule's Rationales to Cohabitation 16093. Cohabitation Property Law 1610a. Deviations from the Equal Division Rule in Case of Asymmetric Contribution 1610b. Inheritance, Gifts, and Property Acquired Before Cohabitation 1611c. increased Human Capital 1612D. Spousal Support and Compensation for Lossof-Career 16161. Models of Spousal Support and Compensation for Career Loss 16162. …

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