Before the 1960s, it was really hard to get divorced in America.
Typically, the only way to do it was to convince a judge that your spouse had committed some form of wrongdoing, like adultery, abandonment, or ācrueltyā (that is, abuse). This could be difficult: āEven if you could prove you had been hit, that didnāt necessarily mean it rose to the level of cruelty that justified a divorce,ā saidĀ Marcia Zug, a family law professor at the University of South Carolina.
Then came a revolution: In 1969, then-Gov. Ronald Reagan of California (who was himself divorced) signedĀ the nationās first no-fault divorce law, allowing people to end their marriages without proving theyād been wronged. The move was a recognition that āpeople were going to get out of marriages,ā Zug said, and gave them a way to do that withoutĀ resorting to subterfuge. Similar laws soon swept the country, and rates ofĀ domestic violence and spousal murderĀ began to drop as people ā especially women ā gained more freedom to leave dangerous situations.
Today, however, a counter-revolution is brewing:Ā Conservative commentatorsĀ andĀ lawmakersĀ are calling for an end to no-fault divorce, arguing that it has harmed men and even destroyed the fabric of society. Oklahoma state Sen. Dusty Deevers, for example,Ā introduced a billĀ in January to ban his stateās version of no-fault divorce. The Texas Republican Party added a call to end the practice to itsĀ 2022 platformĀ (the plank is preserved inĀ the 2024 version). Federal lawmakers like Sen. J.D. Vance (R-OH) andĀ House Speaker Mike Johnson, as well as former Housing and Urban Development SecretaryĀ Ben Carson, have spoken out in favor of tightening divorce laws.
That guy is just repeating what he heard on the radio or from some drunk guy at a bar. Heās not putting any thoughts into it.
Besides what you mentioned, there are pre-nups, post-nups, trusts, and other complicated ways that rich families use to protect their assets from gold-diggers. Marriage is a legal contract and it can be modified with other legal contracts.
In a lot of cases, ātrust fund kidsā donāt even own their house or car. Itās all held in a trust so no one, not even them, can have it. If they divorce thereās nothing to split but some cash and whatever furniture or toys they own.
In practice, I believe the pre or post-nup gives some consideration (money) to the spouse who isnāt rich so they wonāt sue. But itās not 50/50 because the trust fund kid legally doesnāt own much.
Yeah, Im not even sure if he knows what hes arguing about.
All of these āproblemsā these conservatives are whinging about are already understood and settled with our current system. The default works well for the vast majority, and when it doesnt, you can change it. Easy.