Courts increasingly view emancipation of women, the career of a husband generally comes first, even in two-career, working-couple marriages. This arrangement, very common despite gains women have made in the work force, puts the wife at a real disadvantage when a marriage fails.
alimony varies from case to case.
Depending upon the jurisdiction, of course, marital misconduct may be a consideration.
In property distribution, equitable distribution of property affords reasonable protection to homemakers. It recognizes the inherent unfairness of common-law title distribution, which distributed property to the person whose name was on it. "Equating the homemakers contributions with that of the income-producing spouse accords with the basic concepts underlying the doctrine of equitable distribution -- that marriage is a partnership, and that both spouses contribute in different ways. Since the homemaker enables the income-producer to earn, ’the value of homemaker contributions increases in proportion to the increasing value of income production.’"
In cases where the full-time homemaker is older and has "little established earning capacity," courts have approved awards giving women more than half the marital estate.
Some legal commentators have suggested methods for measure the productive value of individuals not employed outside the home. These include the cost approach, which would put a dollar value on the income producing opportunities lost by being a homemaker.
Most jurisdictions sidestep the problem by simply equating the homemaker’s contributions with those of the income-producing spouse.
See also Alimony; Rehabilitative Alimony.