ABSTRACT
The international rise in divorce in western jurisdictions over the last half century (see Chapter 2.2 of this book) has brought with it the challenge of determining how best to deal with the economic consequences of matrimonial breakdown, both procedurally and substantively. That signifi cant demographic change has been accompanied in many jurisdictions by substantial socio-economic changes which might also have a bearing on economic justice on divorce, not least the increased number of women and mothers engaged at least part time in paid employment. 1 However, empirical data counsels caution in relying on the labour market to avoid economic hardship to women (and, by extension, children) 2 following divorce or in assuming that a ‘clean break’ package of remedies will suffi ce in many cases. In the absence of extensive public welfare provision or re-partnering, the impact of past and ongoing childcare obligations on the primary carer’s (and in practice still mostly women’s) lifetime earnings and pension savings may not be ameliorated without signifi cant economic redistribution between the spouses following divorce. 3 But in evaluating different jurisdictions’ views of economic justice between the spouses on divorce, it is essential to bear in mind that diversity in demographic, socio-economic, housing market, social security provision and other factors
1 See, e.g. data reported in J. Lewis, ‘Balancing “Time to Work” and “Time to Care”: Policy Issues and Implications for Mothers, Fathers and Children’, Child and Family Law Quarterly , 21, 2009, 443-61.
