Marriage rates in the United States have plummeted nearly 60 percent since 1970, hitting historic lows amid rising divorce risks and financial pitfalls. This decline isn’t primarily a gender war but a finance-based crisis: the specter of divorce as a wealth transfer discourages commitment.
Enter China’s bold 2025 divorce law reforms, effective February 1, which overhaul post-divorce asset distribution and eliminate alimony.
By prioritizing individual contributions and pre-marital ownership, these changes aim to curb impulsive splits and boost family formation. The United States should seriously consider adopting similar measures, not to mimic authoritarian policies but to promote fairness and informed consent in marriage, potentially reversing our own marital downturn.
Under China’s revised Civil Code, property division shifts from automatic equal splits to a system based on who paid for or holds title to assets. Pre-marital property remains solely with its original owner, unless proven joint contributions exist. In marital asset cases, courts now emphasize evidence of payments or investments, rejecting blanket 50/50 divisions. Alimony, long a contentious payout, has been abolished, with support limited to exceptional cases like child-rearing hardships.
A mandatory 30-day cooling-off period for mutual consent divorces further discourages rash decisions. These reforms address China’s plunging marriage and birth rates, where men increasingly view wedlock as a financial trap, echoing U.S. sentiments.
In America, divorce laws vary by state, but many follow community property (equal division of marital assets) or equitable distribution (fair but not necessarily equal splits). Alimony, often permanent or long-term, adds to the sting. Nighty-eight percent of recipients are women, though high-earning women like Adele have paid it too.
As Florida’s recent cap on permanent alimony shows, reforms are underway, but they’re piecemeal. China’s approach offers a blueprint for systemic fairness: by protecting pre-marital wealth and tying divisions to actual contributions, it reduces the incentive for divorce as a lucrative exit strategy. No longer can one spouse claim half of the assets they didn’t help build, fostering a sense of justice that could make marriage less daunting.
Fairness here isn’t about punishing one gender; it’s about equity rooted in reality. Critics might argue that this disadvantages homemakers who forgo careers for family duties, a valid concern. Yet, China’s model doesn’t ignore such roles; it allows courts to consider non-financial contributions such as childcare in exceptional rulings.
In the United States, we could enhance this with mandatory prenuptial discussions, ensuring couples negotiate terms upfront. Imagine entering marriage with explicit rules: pre-wedding assets shielded, joint efforts rewarded proportionally. This aligns with informed consent; partners agree knowingly, reducing post-divorce bitterness. As Charlie Munger wisely said, “Show me the incentive, and I’ll show you the outcome.” Current U.S. laws incentivize prolonged disputes; China’s incentivize stability.
Informed consent is key to rebuilding trust in marriage. Prenups in America are often invalidated if deemed signed under duress, undermining their utility. Adopting China’s emphasis on pre-marital protection could strengthen them, making courts honor agreements absent fraud.
Couples could customize, perhaps allocating funds for a stay-at-home parent via insurance or trusts, ensuring no one feels exploited. This transparency addresses the financial issue of when divorce looms as a wealth grab, leading high-net-worth individuals to opt out.
By clarifying asset rules from the start, we empower informed choices, much as Tennessee’s push for paternity testing to ensure child support is distributed fairly.
The potential benefits extend beyond finances. With 42 percent of first U.S. marriages ending in divorce, and higher for remarriages, reforms could stem the loneliness epidemic, where 63 percent of young men are single and projections show 45 percent of women under 45 childless by 2030.
Fairer laws might encourage leaps into companionship, yielding measurable perks such as better health, longer life and lower suicide rates among the married.
Opponents may decry this as regressive, favoring the wealthy, but it’s the opposite: it levels the playing field by deterring opportunistic unions while protecting genuine partnerships.
Adoption wouldn’t be wholesale; America’s system demands state-level tweaks, and we must safeguard vulnerable spouses through safety nets like temporary support. Yet, ignoring China’s experiment risks perpetuating our marital freefall. Texas and Louisiana are eyeing curbs on no-fault divorce; why not pair them with asset reforms? True equality demands shared risks and rewards, free from exemptions.
In a nation where love increasingly bows to logic, China’s policies remind us that marriage thrives on fairness and consent, not ambiguity. By adopting elements of these reforms, the United States could muster the courage for soulmate leaps, transforming commitment from a gamble into a secure bond. The alternative? A continued slide into isolation, where the institution of marriage fades not from irrelevance, but from avoidable inequities.