By: Amanda Chapman
An interesting book was released earlier this summer, “Marriage Markets” by June Carbone and
Naomi Cahn, which describes the state of marriage in our modern American
society. As a divorce lawyer, I found the
book accurately reflects much of what I observe in my day-to-day profession.
The authors are both professors who teach family law courses.
They grapple with the concept of marriage and how well (or not) it works for
people of diverse socioeconomic backgrounds.
With the divorce rate of almost 50%, approximately half of
American kids are born into single-parent homes; or homes that become single-parent.
Marriage, an institution that protects
and fosters the growth, enrichment, and advancement of children, is becoming
increasingly difficult to maintain for many Americans.
What I find especially interesting in this book is the way the
authors compare the state of marriage to the realm of family law; specifically
the ways in which the law has lagged behind the (de)volution of marriage in our
society.
The authors draw the following conclusions about the state
of marriage and our family laws today:
Marriage still works for the top-third of the wealthiest
families as they typically delay having children until they secure lucrative
careers. Also, the wealthier couples are
the only couples who have the financial resources to “fight” it out in court if
they get a divorce.
More middle class couples are divorcing due to the fact that
many good blue-collar jobs (for men) have simply vanished, while women have been
able to obtain careers and can be self sustaining financially. The authors assert that many middle-class
women simply won’t put up with unhappy or abusive marriages today, as they may
have done in the past when they did not have access to employment.
But, for many middle class divorcing couples, protracted
litigation during a divorce proceeding is simply too expensive. Some women are worried about supporting
husbands who have been out of work or who earn less than they do; the benefits
of “taking it to the Judge” are minimal in their estimation.
Lower class families have the hardest time. The authors contend that for parents on the
lower rungs of the socio-economic ladder, family law is downright punitive; paternity
suits that result in child support obligations that are rarely met and with mother’s
trading access to the child for some form of financial support.
From my own professional experience, I agree with the
authors of Marriage Markets. Family law as we know it today requires some
careful thought and consideration as to how we, as a society, can better
protect the interests of the children born to single parent households. The authors urge the reader to focus more on
“the children whose lives are being shortchanged by growing societal inequity”
and less on marriage itself.
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