Working Paper

Is Marriage as Good as a Contract?

Alessandro Cigno
CESifo, Munich, 2013

CESifo Working Paper No. 4555

Neither marriage nor a legally enforceable contract serves any useful purpose if the parties have access to a perfect credit market. In the presence of credit rationing, efficiency and utility equalization are guaranteed only by a legally enforceable contract. Separate-property marriage may reduce and community-property marriage actually eliminate inefficiency, but neither of them guarantees utility equalization.

CESifo Category
Social Protection
Keywords: contracts, hold-up problem, separate-property marriage, community-property marriage, divorce legislation
JEL Classification: C780, J120, K360