Under the present divorce regime, they cannot safely do so. Under the Rasmusen-Stake proposal, they could. Having chosen it, they would then build marriages that are, all else equal, more durable than the marriages of those who invest instead in labor-market skills. Ultimately, the Rasmusen-Stake proposal simply expands contractual choice in marriage. It mandates nothing.
Children are the obvious winners.
To be sure, we can all think of marriages that are better off dead than alive, and of nannies who provide better care than some mothers and fathers. Exceptions notwithstanding, however, children usually benefit both from more durable marriages, and from greater parental attention. I gratefully acknowledge the helpful suggestions of Eric Rasmusen and Jeffrey Stake. Peters, supra note 4, at 452-53. While the danger of abuse is a problem to be sure, it is one the law can substantially mitigate by making abuse itself grounds for which she can demand high levels of alimony.