Year: 2018

Banning Child Marriage

Posted by Ron Kauffman on

Florida is stopping an embarrassing and ongoing family law problem: legal child marriages. There are more than 200,000 children married in the United States. Last week, a bill to ban the practice passed both houses of the Florida legislature, and has been converted into an act for the Governor to sign.

Florida’s Efforts to Ban Child Marriage

According to the Miami Herald, Florida is poised to put the country’s strictest ban on child marriage into law after a bill — with some narrow exceptions for 17-year-olds — was passed by state legislators Friday.

It is incredible to think that the marriage of children is technically legal in Florida.

Children aged 16- and 17-year-olds can marry with their parents’ consent, and even younger kids if there is a pregnancy.

But Senate Bill 140, which was passed by the House nearly unanimously, eliminates the pregnancy requirement and limits any marriage of minors to 17 years of age and only if they satisfy a series of requirements added by the Senate earlier in the week.

A bill to ban child marriages had been proposed for multiple years in the Legislature to close the loophole allowing minors to marry.

Florida Child Marriages

I’ve written about marriage and divorce before. Many people would be embarrassed to know that Florida actually allows child marriages. Previous efforts always failed, but this year was different.

Our statutes currently say that if anyone seeking a marriage license is under the age of 18, all that’s required is the written consent of the parents.

Even written consent isn’t required if the parent is deceased, or the child was previously married. The problem of child marriages is very concerning:

Between 70% and 80% of marriages involving individuals under age 18 end in divorce and getting married and later divorcing can more than double the likelihood of poverty.

Children are trapped, because they face many obstacles when they try to resist or escape marriages that adults forced into marriage don’t.

Unless a child is legally emancipated – given the rights of an adult – a child has very limited rights, leaving children trapped in a marriage with an adult.

This new Florida bill, if signed by the Governor, will finally end the status quo.

Sherry Johnson: Victim Turned Advocate

Lawmakers credited this year’s passage to six years of advocacy from Sherry Johnson, a child marriage victim who was raped, became pregnant, and was married to one of the men who assaulted her by age 11.

Johnson, who went on to have five more children in that marriage, said a ban on child marriage would have altered her future, even if it would not have prevented her abuse.

After she watched the House vote to send the legislation to the governor, advocate Sherry Johnson thanked bill sponsors Sen. Lizbeth Benacquisto, R-Fort Myers, center, and Rep. Jeanette Nuñez, R-Miami, outside the chamber doors.

Johnson said she was satisfied with the compromise, though she plans to advocate for similar legislation across the country — and possibly abroad.

My mission is for the world, for the children all over the world. It’s not just Florida. … It’s for the children everywhere.

The Miami Herald article is here.

 

Divorce Planning

Posted by Ron Kauffman on

A cold wind blows across the Northern Hemisphere the first few months of the new year, and relationships start to feel a bit of a chill. The latest Eurostat numbers – which are in line with American statistics – show that divorce filings increase at the start of the year in Europe and the U.S.

This is Your Euro Divorce

People in the UK have reportedly dubbed the first working Monday in January “Divorce Day” in recognition of an apparent spike in couples considering dissolving their marriages.

More than 40,500 people in the U.K. are expected to search “divorce” online in January – a rate that is nearly 25 percent higher than the usual traffic generated by the term.

Florida Divorce Statistics

I have written about the phenomenon of divorce filings at the beginning of the year before.

Although Florida was a British colony, that may not explain why the beginning of the year was the most popular time to file for a divorce here in Florida too.

The first few months of the year are known for divorce filings, and January is nicknamed the “Divorce Month” in Florida.

Researchers recently did an analysis of all American divorce filings and found that there is a spike in divorces in January.

The spike in divorce filings is followed by a peak in late March.

What’s happening at the beginning of the new year that causes people to both marry and divorce?

According to the report:

“The holidays are often a tricky time for couples whose relationships have been under pressure for a while.

Add in the intense time spent together, financial pressure, extended family critiques and unrealistic expectations (nothing worse than happy people’s Facebook posts) – and it can spell disaster for some relationships.

Back in Europe

Amazingly, the same statistics hold true of our European cousins.

Below are the European countries with the Highest crude divorce rates – the ratio of the number of divorces during the year to the average population that year per 1,000 persons – according to Eurostat.

 

Country

Divorce Rank

Divorce Rate
Lithuania 1 3.2
Denmark 2 2.9
Estonia 3 (tie) 2.6
Latvia 3 (tie) 2.6
Czech Republic 5 (tie) 2.5
Finland 5 (tie) 2.5
Sweden 5 (tie) 2.5

 

The U.S News and World Report article is here.

 

The Oscar Curse: Divorce

Posted by Ron Kauffman on

The Post about the world being unfair to women is no Phantom Thread. Even when women succeed, they face challenges men don’t – and may want to Get Out. Winning the Oscar for Best Actress, for example, is a major accomplishment, but can also be the Darkest Hour if winning the Oscar means divorce.

The Shape of Divorce

In recent years, anecdotal evidence suggesting that winning an Academy Award — the “Oscar” — for Best Actress puts a woman’s marriage at risk for divorce.

The phenomenon has prompted the media to speculate about the existence of an “Oscar curse” – that an actress’ husband will leave her once she’s won an Academy Award.

Is there any scientific evidence for the Oscar Curse?

After looking at the 751 nominees in the best actor and actress categories of the Academy Awards from 1936 through 2010, researchers concluded that Best Actress winners have a 63% chance of their marriages ending sooner than non-winners.

However, the Best Actor winners do not experience any increase in the risk of divorce after an Oscar. Is there any truth to this Oscar Curse?

According to a study reported in an article in the New York Times, the old social norms for marriages were that a husband’s income and job status was higher than his wife’s.

New studies are showing that men may even be avoiding women whose intelligence and ambition exceeds their own.

Studies are also showing that violating the old social norm about marriage can cause strains in a marriage. The result is that a wife’s high income has been linked to an increased risk of divorce at all levels of the husband’s income, but especially when the wife’s income exceeds her husband’s.

A Marriage’s Dunkirk

I’ve written about the causes of divorce before. There are many reasons clients file for divorce. The top reasons I hear repeatedly include: difficult in-laws, financial problems, constant separation due to travel, and bad communication habits.

I recently read a reason I hadn’t come across before: a church caused it! A Florida husband sued his church for encouraging his wife to leave him, even helping her move out of their marital home after 28 years of marriage.

“The defendant’s pastor made multiple visits to Plaintiff and his wife’s residence to play Wii games with them not at the invitation of the Plaintiff”

The husband says his wife paid 60 percent of the household bills, and that he has struggled financially since she left him. He is suing the church for $180,000, in addition to $10 million in punitive damages.

Not exactly the Oscar Curse, but the Florida case is another example of old marital norms putting a strain on a long-term marriage.

Oscar Party?

One study in the New York Times article found that Oscar wins are associated with a greater risk of divorce for Best Actresses. Interestingly, the correlation with divorce did not extend to winners for Best Actors.

The study shows an asymmetric effect of winning an Oscar for best actress but not best actor. What does that outcome prove though?

Some say it means women face an increased risk of divorce which may be due to their husbands’ discomfort with their wives’ fame and success.

There’s another possibility. Others argue that after a major success in fame and money, a wife may grow dissatisfied with her marriage. Maybe the wife has outgrown the marriage, or has the confidence and to move away from a bad relationship.

The New York Times article is here.

 

Spouses and Spies

Posted by Ron Kauffman on

Can you spy on your spouse? GPS trackers, spyware, key logger programs, and hidden cameras are changing divorce, making it easy to become an amateur spy, and making it even easier to land you in trouble.

The CIA Home Kit

As NPR reports, couples are turning to the latest technology to spy on each other as their marriages fall apart.

New digital spy tools are cheap and easy to use — from something as simple as the Find My iPhone feature to spyware that can be installed in a spouse’s computer, phone, or even a car.

Welcome to divorce in the 21st century — how much privacy you’re entitled to is an open question. Cases involving domestic spying are not unique, and are becoming more common as the technology gets cheaper and easier to use.

Digital spying is changing divorce as we know it.

The tools are abundant. Clients use it in an effort to stay in control after a separation or to gather evidence of extra-marital affairs or drug abuse. But the laws can be murky.

Cyberstalking

There may be problems with becoming your own James Bond type spy. I’ve written about domestic violence issues before. Many people are unfamiliar with cyberstalking statutes in Florida, and that cyberstalking is grounds for an injunction.

In Florida, cyberstalking is also a crime, and it means conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Cyberstalking can involve communications over the Internet like: email, instant messages, text messaging, blogging, website or online forum postings, and social media posts.

Florida also has an aggravated cyberstalking law for protection against people who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking.

Spyware

Partners in breakups sometimes install spyware on computers or phones in order to spy on their soon-to-be ex. Once installed, people can see every incoming and outgoing message from the target’s phone, Web searches, even keystrokes and passwords.

The legality of tracking technology is messy. For example, parents can put spyware on a child’s phone or a home computer. But, putting it on a spouse’s or a partner’s computer or iPhone without consent is generally illegal.

Florida has a strong Constitutional right to privacy. Florida enacted laws to ensure each party to a conversation has an expectation of privacy from interception by another party to the conversation.

Be careful about becoming your own spy. Florida has made it illegal for a person to intercept wire, oral, or electronic communications. And, trial courts can and do exclude from evidence electronic communications illegally intercepted.

Back at Langley

As the NPR article reports, the messages from an ex-husband to his ex-wife can be unsettling:

“I know all of the ways you’ve described me to your friend.”

Unfortunately, the ex-wife went to an Apple store, but didn’t look for the spyware; instead they got her a brand-new phone. That meant that the evidence went along with the phone.

In 2012, the last time the Justice Department attempted to quantify stalking, it estimated that 1.5% of all adults in the U.S. were victims.

That figure more than doubled — to 3.3 percent — for people who were divorced or separated.

The NPR article is here.

 

Dividing the Mommy Makeover: Cosmetic Surgery and Divorce

Posted by Ron Kauffman on

Property Division in divorce can mean complex valuations are brought to court for a decision . . . but not always. Sometimes, breast augmentation surgery becomes a divisive issue. Recently, a state Supreme Court heard such a case. How are breasts equitably distributed?

Mommy Makeovers

Some call it “revenge plastic surgery”. Others call it the “Mommy Makeover”. There has been a long-term trend for women who have had breast augmentation surgery to separate and divorce, as compared to other women. There are now newer trends we’re seeing.

Men are also getting Daddy Makeovers. Men are enlarging their breasts, getting tummy tucks, and liposuction for body contouring for a more attractive physique.

Men and women are increasingly getting their physical enhancements done before filing for divorce. The new trend is for people considering divorce to plan for their divorce financially, emotionally and . . . physically!

The Great Divide

Erik Isaacson and Traci Isaacson were married in 1993, and have three children together. After filing for their divorce, they had to put together a schedule of assets and liabilities for the trial court to divide.

Erik put together his marital property list, and in it he included Traci’s breast implants, and valued the breast implants at $5,500. Traci listed them in her list, but assigned them no value.

The trial judge was not amused:

“[Breast implants are] the most ridiculous thing I’ve ever seen listed on a property and debt listing, next to the cat litter and cat box I had in my very first divorce, is going to be stricken.”

Hoping to avoid a painful distribution, the judge ruled on the cosmetic surgery:

I don’t know how you would expect me to award breast implants. Do you want me to have them cut out and given to Mr. Isaacson. . .? It’s absolutely nonsense. Do not waste the Court’s time with stuff like this.”

Erik appealed, arguing the trial judge improperly excluded the value of breast implants from the marital estate because it allowed Traci to spend marital funds on property she got to keep after the divorce.

Florida Property Division

I’ve written about property division before. Property division, or equitable distribution as it is called in Florida, is governed by statute and case law, but cosmetic surgery has not specifically been dealt with in Florida.

Generally, courts set apart to each spouse their non-marital assets and debts, and then distribute the marital assets and debts between the parties.

Marital assets and liabilities include, in part, assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.

In dividing the marital assets and debts though, the court must begin with the premise that the distribution should be equal.

One reason for an unequal distribution is the intentional dissipation, waste, depletion, or destruction of marital assets.

Cosmetic surgery, and related medical bills, certainly fall into the category of marital liabilities. When a court has to determine which spouse pays for cosmetic surgery and related medical bills, a court may want to consider whether the procedure is medically necessary, or cosmetic, or a dissipation of assets.

Fargo

Erik and Traci took their breast case to the North Dakota Supreme Court. Citing cases from Hawaii, Delaware and Kentucky, Erik asked the Supreme Court to hold Traci’s breasts were a marital asset, the value of which are subject to an equal division of the marital estate.

During oral argument, one justice commented:

“Do we have any lines to be drawn? Is dental work a marital asset? Is a hip replacement a marital asset?”

In the end, the high court found that Erik never argued that the expenditure of funds to obtain the breast implants was a dissipation of marital assets:

nor did he present the district court with any reason why breast implants should be considered a marital asset.

The Supreme Court found the trial judge did not err in excluding the breast implants as a marital asset, and Traci was saved from a very painful property division.

Was Isaacson v. Isaacson the most important decision in matrimonial law? Probably not. But, equitable distribution does raise a number of interesting questions.

Especially when it comes to the increasing trend to undergo cosmetic surgery as a part of divorce planning.

The North Dakota Supreme Court decision is here.

 

When Gladiators Divorce

Posted by Ron Kauffman on

Actor Russell Crowe has filed for divorce, and will auction off his jewelry, mementos and other property. Will selling his assets before the divorce has ended maximize his property division, or will he be eating crow?

Enter the Coliseum

According to Australian news, Sotheby’s Australia will host an auction titled “The Art of Divorce” in which 227 different items from Russell Crowe’s private life will go up for sale.

The auction will take place on April 7, on what would have been his 15th wedding anniversary.

Rare movie memorabilia will be in the auction including:

  • The armor from Gladiator as Maximus will go under the hammer. The armor is expected to fetch $30,000, while a sword used in the film could sell for $4000.
  • A working chariot from the set of Gladiator will sell for between $5000 and $10,000.
  • A 2001 Mercedes, valued between $15,000 and $25,000, is also in the lot, along with two motorcycles that could command top dollar.

According to Crowe:

Divorce has its way of making you really examine the things that are essential in life — and the things that are not

Through the process I had a look around and realized I had a lot of stuff. Career stuff, stuff I’ve collected, and stuff in general. Boxes and boxes of stuff … so in the spirit of moving forward into fresh air, here’s a portion of that collection of stuff.

Although news reports are unclear whether the auction of the assets are planned in cooperation with his soon to be ex-wife, or his own, generally people should be cautious selling property after filing for divorce.

Florida Property Division

In Florida, courts distribute marital assets and liabilities between the parties with the premise that the distribution should be equal, unless there is a justification for an unequal distribution. I’ve written about various aspects of property division before.

Marital assets are properties acquired and debts incurred during the marriage, individually by either spouse or jointly by them.

Marital assets and liabilities also include the enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage.

Dissipation and Waste

One of the relevant factors courts look to in property division is whether one of the parties intentionally dissipated, wasted, depleted, or destroyed any of the marital assets after the filing of the petition.

Spouses can dissipate assets by giving away money irresponsibly, spending money on girlfriends, gambling losses, and drug usage. Some people would rather lose the money outright than split it with their spouses.

If the dissipation of an asset resulted from misconduct, the question is whether a spouse used marital funds for his own benefit unrelated to the marriage at a time when the marriage was undergoing an irreconcilable breakdown.

Misconduct is not mismanagement, or even a simple squandering of marital assets in a manner of which the other spouse disapproves.

Instead, there has to be evidence of the spending spouse’s intentional dissipation or destruction of the asset. Where marital misconduct results in a depletion or dissipation of marital assets, it can serve as a basis for unequal division.

Alternatively, courts can look at the misconduct, and can assign to the spending spouse as part of their equitable distribution, the misconduct losses.

As the Crowe Flies

The Crowes separated in 2012, share two sons, and their divorce should be finalized around the time of the auction.

Just as we collaborate on the upbringing of our kids, it’s easy for us to work together on something like this.

There are a lot of unknowns about Crowe’s planned auction, but he is fully embracing his breakup. Crowe’s been Instagramming and tweeting about the auction, even responding to curious fans.

It’s unclear if the earnings will go toward Crowe’s divorce settlement or a charity. A request for comment from his rep wasn’t immediately returned.

The Australian news article is here.

 

Divorce and Cryptocurrency: A Bit of Bitcoin

Posted by Ron Kauffman on

Divorces are increasingly dealing with a new kind of asset: Cryptocurrencies. They are volatile and can be difficult to trace. What is a cryptocurrency, why are they so popular, and how are they a part of a property division in divorce?

Bitcoin is a type of cryptocurrency, and they are the latest way to potentially stash money so it can’t be found when it comes to dividing the marital estate.

Due to the supposed anonymity of Bitcoins, it seems practical and logical that people try to hide their cryptocurrencies from their spouses.

Cryptocurrencies are growing in ever larger value, and they are popping up more in divorces as a new class of asset to divide.

The law is familiar with the redistribution of many types of assets, like cash, bank accounts and other investments, but cryptocurrencies may be charting new ground.

Cryptocurrency

Cryptocurrencies are digital currencies not associated with a central government. Bitcoin, the biggest and most well-known, was developed back in 2009.

They are created and controlled by computer programs, or algorithms. Those algorithms lay out how transactions are made and recorded, and how new coins or tokens are found and released.

People and organizations known as “miners” keep records of every transaction, and attempt to solve complex computer problems that, when solved, reward them with new coins.

In effect, users record transactions directly between peers, rather than through banks or other intermediaries. That system is known as a blockchain and the transactions, and even the currencies, are sometimes referred to as “peer-to-peer.”

A major difference between a cryptocurrency and the U.S. Dollar is that, unlike the U.S. Dollar, the total amount that can ever be in circulation is limited. Because the total supply of the currency is restricted, you do not use more coins to pay for goods and services, but less.

Florida Property Division

I’ve written about property division in Florida many times before. Property division, or equitable distribution as it is called in Florida, is governed by statute and case law.

Generally, courts set apart to each spouse their non-marital assets and debts, and then distribute the marital assets and debts between the parties. In dividing the marital assets and debts though, the court must begin with the premise that the distribution should be equal.

In Florida, if there is a justification for an unequal distribution, the court can do so, but must base the unequal distribution on certain factors, including: the contribution to the marriage by each spouse; the economic circumstances of the parties, the duration of the marriage, or any interrupting of personal careers or education.

Additionally, courts can consider the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years prior to the filing of the petition.

A major fight which can take place during mediation is whether a spouse is responsible for the 50 percent drop in value of a cryptocurrency.

Bitcoin Mania

One of the main problems with a cryptocurrency is their high volatility. It is hard to equitably distribute volatile assets which can gain or lose so much value so quickly.

The price of Bitcoin, for instance, the world’s biggest and best-known cryptocurrency, almost halved in value from its peak value in December.

Cryptocurrencies will be a significant feature in a large number of divorces. Although they can be traceable, cryptocurrencies are highly volatile, and they are not going to go away.

The Business Insider article is here.

 

Child Custody and Choosing Religion

Posted by Ron Kauffman on

The mother was Christian and the father a Muslim, but she converted to Islam when they married. After they separated, the mother reverted to Christianity. When parents share or have joint child custody, who decides the child’s religion? A New York appellate court just gave the answer.

Choosing My Religion

A Brooklyn couple divorced in 2009 with one child. Their settlement agreement gave them joint legal custody, and the mother had primary physical custody.

The agreement made them consult with each other about the child’s religion, but did not specify which religion the child would be raised. The mother taught the child Christian values and practices.

The child complained the father was pressuring her to adopt Muslim practices and threatened to abcond with her to his native Morocco if she failed to follow Muslim practices and customs.

The child asked the mother to call the police and school personnel. The mother filed for sole legal custody, and the father petitioned to enforce visitation and to enforce a purported oral agreement that the child would be raised as a Muslim.

Florida Custody and Religion

I have published an article on the intersection of religion and custody before, especially when that intersection relates to harm to the child.

For example in one area there is a frequent religious controversy: whether to give a child their mandatory vaccinations.  Usually, religion is used by the objecting parent as a defense to vaccinating children.

Whenever a court decides custody, the sine qua non is the best interests of the child. But, deciding the religious upbringing of a child puts the court in a tough position.

There is nothing in our custody statute allowing a court to consider religion as a factor in custody, and a court’s choosing one parent’s religious beliefs over another’s, probably violates the Constitution.

So, unless there is actual harm being done to the child by the religious upbringing, it would seem that deciding the child’s faith is out of bounds for a judge.

Ironically, that may not be the rule all over Florida. Different appellate courts in Florida have slightly different takes on the issue, and the question of whether a trial court can consider a parent’s religious beliefs as a factor in determining custody has been allowed.

The Brooklyn, New York case involved the modification of an existing joint custody order.

In Florida, the person seeking modification of custody must show both that the circumstances have substantially, materially changed since the original custody order, and that the child’s best interests justify changing custody. Additionally, the substantial change must be one that was not reasonably contemplated at the time of the original judgment.

Losing My Religion

Back in Brooklyn, the Family Court granted the mother’s to modify joint custody, and give her sole legal custody but granted the father liberal visitation, including on all major Muslim holidays.

The parties’ inability to agree on the child’s religion, the change in the child’s relationship with the father, her fear of his displeasure for not being a “true Muslim,” and her belief that he’d kidnap her to Morocco, constituted changes in circumstances.

The appellate court held that awarding the Mother sole decision-making authority with respect to religion was in the child’s best interests because the father’s actual or perceived insistence that the child follow Islam and threats to abscond to Morocco had a serious adverse effect on the child’s relationship.

The opinion in Baala v. Baala is here.

 

Friends or Spouses?

Posted by Ron Kauffman on

Jennifer Aniston and Justin Theroux announced that they are going to file for divorce after two and a half years of marriage. However, some news outlets report they can’t locate the Friends’ star’s marriage license to see if they were even married. What would happen if you find out you were not married?

Friends Like Us

Irrespective of the status of their marriage license, according to news reports, the decision to divorce appears to have been mutual:

“We are two best friends who have decided to part ways as a couple, but look forward to continuing our cherished friendship.”

According to TMZ though: “We checked marriage records in L.A. County all the way back to 2010 and there is no record of a marriage license. There’s such a thing as a confidential marriage license, but we’re told they did NOT get one in L.A. County.”

Is Your Marriage Valid in Florida?

First off, common-law marriages have been abolished in Florida since 1968. In order to be validly married, you need a license. It may seem like a mere formality, but couples who want to be married must apply for a license.

There is a fee for getting a marriage license, and that fee is reduced for attending pre-marital counseling. The license is valid for 60 days. The officiant at the ceremony must certify that the marriage was solemnized.

The certified marriage license must be returned to the clerk or an issuing judge within 10 days, and the clerk or judge is required to keep a correct record of certified marriage licenses.

I have written about Florida marriages and divorces before. Florida courts have repeatedly warned people that they cannot depart from the requirement of the Florida Statutes to have a license, otherwise the courts would be re-creating common-law marriages.

In the event you do not obtain your marriage license, you cannot divorce. This means that certain rights can be lost. For example, you could not make claims for equitable distribution, and you could not ask a court for alimony. That can be a devastating result for many couples who unknowingly, are not married.

Central Perk

The report from TMZ sounds like ridiculously bad investigative journalism. Jennifer and Justin could have gotten a marriage license in any of the 57 other counties in California, or other states and even countries, and their marriage license would be valid.

But just because TMZ claims it spoke with some “Jen sources who have had regular contact with her for years, and they say there’s been talk for a long time they might not be legally married” does not prove or disprove anything.

According to the TMZ article:

“it’s certainly possible they’re legally married, but based on what we found, it’s possible they’re not.”

The TMZ article is here.

 

Is Divorce Genetic?

Posted by Ron Kauffman on

Are children of divorced parents more likely to get divorced than those who grew up in two-parent families? University researchers in Virginia and in Sweden are looking into the question of whether divorce is genetic or psychological. The results are surprising.

New Study

According to the report: people who were adopted resembled their biological — but not adoptive — parents and siblings in their histories of divorce.

The report also found consistent evidence that genetic factors primarily explained the “intergenerational transmission of divorce.”

The study’s findings about genes and divorce are notable because they diverge from the predominant narrative in divorce, that the offspring of divorced parents are more likely to get divorced because they see their parents struggling to manage conflict or lacking the necessary commitment, and they grow up to internalize that behavior.

Serotonin and Divorce

I’ve written about genes and divorce before. Other scientists are finding that the fault for divorce may reside in our genetic code. One gene involved in the regulation of serotonin can predict how much our emotions affect our relationships.

Researchers found a link between relationship fulfillment and a gene variant, or “allele,” known as 5-HTTLPR. All humans inherit a copy of this gene variant from each parent.

Study participants with two short 5-HTTLPR alleles were found to be most unhappy in their marriages when there was anger and contempt. They were most happy when there was humor and affection.

By contrast, those with one or two long alleles were far less bothered by the emotional tenor of their marriages.

The new findings don’t mean that couples with different variations of 5-HTTLPR are incompatible, but couples with two short alleles are likelier to thrive in a good relationship and suffer in a bad one.

What Causes Divorce?

Nearly all the prior literature emphasized that divorce was transmitted across generations psychologically, and the recent results about genes contradict that, suggesting that genetic factors are more important.

By recognizing the role that genetics plays in the transmission of divorce, therapists may be able to better identify more appropriate targets when helping distressed couples.

Previous studies haven’t adequately controlled for or examined something else in addition to the environment that divorcing parents transmit to their children: namely genes!

The study’s findings suggest new areas might be useful for therapists to target. For example, addressing underlying, personality-driven cognitive distortions through cognitive-behavioral approaches may be a better strategy.

The article from Virginia Commonwealth University is here.