The claim for alimony which at present constitutes such a fecund source
of injustice to men and corruption among women, implies the assumption
that a woman is economically helpless, that she is a natural dependent
whose support, having been undertaken by her husband, must be continued
even after divorce, until she dies or finds another husband to support
her. It does not take into account the woman’s rightful claim to any
property that she may have helped her husband to accumulate, for
the question whether or not she shall receive alimony is within the
discretion of the court. On the other hand, the awarding of alimony may
give a woman a claim to income from property possessed by her husband
before marriage and therefore not rightfully to be enjoyed by her; it
may, furthermore, give her an equally unjustifiable lien on his future
earnings. Thus it allows women at once too little and too much. If the
community is to continue to fix the economic obligations which marriage
shall entail, it might be fairer to both sexes if those obligations
were fixed as they have been in certain of our Western States. In
those States, property acquired during marriage is regarded as common
property, and in case of separation must be divided equally. Neither
party may, during the marriage, dispose of such property without
consent of the other; nor may either party dispose of more than half
of it by will. On the other hand, either party has free disposal of
property acquired before marriage, or inherited during marriage. In
case one party dies intestate, the other shares equally with children
in his or her half of the common property, and in other property. Thus
the law raises woman above the status of a dependent and recognizes
marriage as an equal partnership. Such laws, of course, do not fit
all cases, for all marriages are by no means equal partnerships; but
so long as the State insists upon maintaining a blanket-regulation of
the marital relation, some such arrangement would seem to be more
nearly just, both to men and women, than the laws now in force in most
communities.
Public-domain text, read in full here on John Shaqi.
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