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Les justifications empiriques de la compensation financière après divorce

Abstract : This article consists of a wide-ranging review of the international empirical literature, the aim being to show the extent to which there is an empirical (statistical) basis for payment of a compensatory allowance between former spouses after divorce. Two factors are primarily examined in light of that literature: first, the fact that the allowance is conditional on inequality between the standards of living enjoyed by the former spouses at the time of the divorce, and second, the fact that regard can be had to the previous occupational choices of the former spouses in calculating the allowance. Our analysis shows that while the empirical literature is in relatively broad agreement on the question of inequality in the standard of living, the empirical justification for the connection between compensation and previous occupational choices, on the other hand, is considerably less widely recognized.
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https://hal.univ-lorraine.fr/hal-02978209
Contributor : Bruno Jeandidier <>
Submitted on : Monday, October 26, 2020 - 11:52:16 AM
Last modification on : Thursday, November 5, 2020 - 3:31:34 AM

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Bertrand Garbinti, Bruno Jeandidier, Helen Lim. Les justifications empiriques de la compensation financière après divorce. Canadian Journal of Law and Society / Revue Canadienne Droit et Société, Cambridge University Press (CUP), 2016, 31 (02), pp.183-202. ⟨10.1017/cls.2016.17⟩. ⟨hal-02978209⟩

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