Abstract: | The Coase Theorem suggests that married couples will divorceif and only if doing so increases their joint surplus, regardlessof the legal rules governing divorce. This does not mean, however,that divorce laws only affect the distribution of rents. Becausethe distribution of rents affects each spouse's incentives fornoncontractible investments, divorce laws can affect the jointwelfare of the couple. This article analyzes the effects ofthe consent divorce regime and the unilateral divorce regimeon incentives for selfish and cooperative marital investments.Using these results, the article demonstrates how endogenouschoice of marriage with noncontractible investments can explainsome recent empirical results concerning the effects of theshift from consent divorce to unilateral divorce. (JEL C78,D1, D23, J12, J18, K3, K36) |