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American Law and Economics Review V6 N1 2004 (217-247)
American Law and Economics Review Vol. 6 No. 1, © American Law and Economics Association 2004; all rights reserved.

Protecting Homemakers' Marriage-Specific Investments under No-Fault Divorce: A Model for Restructuring Alimony in Civil Law Countries

Aspasia Tsaoussis

Athens Laboratory of Business Administration

Send correspondence to: Aspasia Tsaoussis, Athens Laboratory of Business Administration, Athinas Avenue and 2A Areos Street, 16671 Vouliagmeni, Athens, Greece; Fax: +30-210-8962139; E-mail: atsaoussi{at}abanet.org.

The radical reform of Greek family law in 1983 included the introduction of no-fault divorce. This study examines the impact of the new liberalized divorce law on the well-being of homemakers in long-duration traditional marriages. We reviewed a sample of reported judicial decisions on postdivorce maintenance and found that Greek judges render restrictive interpretations of the general standards of need, adequacy, and sufficiency. We conclude that judges have failed to compensate full-time homemakers for their nonpecuniary contributions, and we propose a reliance-based alimony model that judges can use to protect financially weaker spouses upon divorce.


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