This December 21, 2016 New York Times article is interesting for featuring the statement “Women have, historically, been short-changed in divorces.” The law professor who makes this assertion doesn’t make any attempt to explain why most divorce lawsuits are filed by women (see the classic Brinig and Allen paper referenced in “Causes of Divorce” as well as this statistical study of a Massachusetts courthouse where 72 percent of the cases were filed by women).
[Separately, I think the University of San Diego law professor is wrong about a prenup barring a woman, at least one whose fertility has not been exhausted, from recovering some of the value that a man realizes from a successful startup. Let’s stick with her home state of California. As explained in California Prenuptial Agreements, for example, a prenup cannot limit an adult’s right to profit from child support. Census 2014 data show that 94 of Californians collecting child support are women. If the female victim posited by the NYT author can have one or more children during the marriage she is on track to collect between 30 and 50 percent of her former husband’s future income (for 18 years) from all sources, regardless of the contents of a prenuptial agreement. (If she can find a man with a lot of intellectual property who won’t agree to marry her, there remains a profit opportunity via selling an abortion or out-of-wedlock child-bearing.)]