Volume 1997    Issue 3

ALI Principles of Family Dissolution: Some Comments

J. Thomas Oldham^*

The American Law Institute's recent promulgation of a model statute governing the principles of family dissolution has prompted renewed dialogue surrounding the economic consequences of marriage breakdown. In this article, Professor Oldham reviews some of the various proposals contained in the ALI's model statute. Professor Oldham focuses on two distinct but related sections of the ALI's proposals, one of which is aimed at addressing the problems associated with current rules for the division of property and the other which deals with spousal support. He begins this discussion by explaining the specific proposals contained in these sections of the ALI draft. He then offers a critique of these sections that is aimed at highlighting what he believes to be the strengths and weaknesses of the ALI model statute as well as some suggestions for improving it.

* John H. Freeman Professor of Law, University of Houston Law Center. B.A. 1970, Denison University; J.D. 1974, U.C.L.A. The author would like to thank Harriet Richman and Bethany Smith of the University of Houston library staff for obtaining many of the sources discussed below. The author would like to thank Marsha Garrison, Allen Parkman, and Steve Sugarman for commenting on an earlier draft of this manuscript. This article is dedicated to the memory of Pauline Drake Oldham (1920-96).