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University of Michigan Law School

Family Law

1991

Alimony

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Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider Jan 1991

Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider

Articles

The riddle of alimony is why one former spouse should have to support the other when no-fault divorce seems to establish the principle that marriage need not be for life and when governmental regulation of intimate relationships is conventionally condemned. Perhaps the most intelligent and probing recent attempt to solve that riddle is Ira Ellman's The Theory of Alimony. In this article, I have two purposes. The first is to ask some questions about Professor Ellman's admirable inquiry into this intricate and intractable problem. These questions are not intended to disprove "the theory." Professor Ellman has, at the least, identified …