Citizens' Views About Fault in Property Division

The law provides rules for dividing the property spouses own when they divorce. In the US, the matter is largely governed by state law, but many differences that once existed among the states have lessened in the last few decades, and some principles are followed nationwide. All these rules would seem necessary to implement some idea of fairness in spousal relationships, and one can ask whether the fairness principles now embodied in the law are consistent with those that citizens currently believe in. The authors explored that question by asking respondents how they believed accumulated marital property should be divided in each of a series of cases with varying fact patterns. Answers were given by choosing a number on a seven-point scale, in which four indicated an equal division of the assets, and one and seven indicated allocations of all the assets to the lower- or higher-earning spouse.