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19 Wis. Women's L.J. 141 (2004)
Rehabilitating Partnership Marriage as a Theory of Wealth Distribution at Divorce: In Recognition of a Shared LIfe

handle is hein.journals/wiswo19 and id is 147 raw text is: ARTICLES
REHABILITATING PARTNERSHIP MARRIAGE AS A
THEORY OF WEALTH DISTRIBUTION AT DIVORCE:
IN RECOGNITION OF A SHARED LIFE
Alicia Brokars Kelly*
TABLE OF CONTENTS
I. INTRODUCTION ............................................ 142
II. THE PARTNERSHIP IDEAL AND ITS ORIGINS IN FAMILY LAw. 146
A. The Basic Marital Partnership Concept ................. 146
B. The Emergence of Partnership Theory in Family Law ..... 148
C. The Integration of Partnership Marriage into
Contemporary  Law  ...................................  157
III. CURRENT CONSTRUCTIONS OF PARTNERSHIP THEORY AND
ITS LIMITATIONS ............................................ 160
A. The Result-Equality Dilemma .......................... 160
B. The Mistake of Limiting Partnership Theory to
Traditional Property  ................................  163
C. The Clean Break Dream ............................... 166
D. The Results of Measuring Contribution: Devaluation of
W omen's  W ork  .......................................  167
E. The Impracticable Task of Measuring Contribution ...... 172
F. The Misguided Search for a Direct Causal Link ......... 173
G. The Uncomfortable Portrait of Marriage as an Economic
Exchange  ............................................  175
* Associate Professor of Law, Widener University School of Law. Part of the title
for this piece was inspired by Elizabeth S. Scott's article, Rehabilitating Liberalism in
Modern Divorce Law, 1994 UTAH L. REv. 687 (1994). I use the term rehabilitation as
she did, in the sense that there is a core idea or set of ideas behind a term that has
merit, but that the term has been distorted in some way and yet can be reformed. I
am grateful for the support, advice, research tips and helpful comments on earlier
versions of this piece from Rachel Arnow-Richman, Barbara Bennett Woodhouse,
June Carbone, Fran Catania, John Culhane, Erin Daly, Martha Garrison, Theresa
Glennon, Susan Goldberg, Melanie Jacobs, Julia McLaughlin, Jane Murphy, Jana
Singer and Cynthia Lee Starnes. Thanks too to the participants of the International
Society of Family Law North American Conference in June 2003 where I presented
this work in an earlier stage of development. I am also grateful to Mona Parikh for
her wonderful research assistance. As always, I am very thankful to my husband Gerry
for his continued support and sharing of this project (particularly in giving extra care
to our son Liam, a toddler at the time this piece was written) and so much more.

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