Because the 鈥渇or poorer鈥 part of marriage vows often comes with a nasty split, couples have a new type of contract to consider: divorce insurance.
A scholar at one of Canada鈥檚 leading law schools predicts the controversial insurance, recently unveiled in the U.S., will come to be 鈥渙ffered widely鈥 in this country, where nearly two in five marriages 鈥 38 per cent 鈥 are dissolved before the 30th wedding anniversary.
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James Morton, adjunct professor at Osgoode Hall Law School in Toronto, predicts we鈥檒l come to see such insurance offered broadly across Canada. He notes that a lump-sum payout upon divorce may make more sense to some people than a pre-nup 鈥 or domestic contract, as it鈥檚 called here 鈥 because judges have 鈥渂road discretion to ignore鈥 the latter.
He鈥檚 unsure, however, of how well the product will take off.
鈥淚t鈥檚 important to make sure the insurance is worth it,鈥 says Morton. 鈥淚f the matter is not contentious and the spouses are pretty well agreed, (divorce) costs should be fairly low 鈥 say, in the $5,000 range, all included. But if the matter is contested, costs can be enormous. I鈥檝e seen cases with legal costs exceeding a million dollars.鈥
Divorce expert Anne-Marie Ambert likewise expects the insurance to breach our borders, partly because of the public perception that marriage is more fragile than ever. But a report she authored last year shows there are only 221 divorces per 100,000 population now, representing a sharp decline from 362 in the late 1980s.
鈥淚f you get this (insurance), you鈥檙e really stating, 鈥榃e鈥檙e not going to make it,鈥欌 says Ambert, a retired professor of sociology from 91亚色. 鈥淎nd let鈥檚 keep in mind that the insurance companies aren鈥檛 doing us a charity ... This really isn鈥檛 going to help those who need it most, which are poor people, or even plain middle-class people who can鈥檛 afford it either.鈥
Republished courtesy of YFile鈥 91亚色鈥檚 daily e-bulletin
