UCLA Journal of Gender and Law

Domestic relations law has struggled with feminism for decades, and it has never truly found a place in the family law arena. The crux of the problem, no doubt, is that family law has always had a difficult time defining feminism in context. From an economic perspective, is it feminist to provide economic assistance to women, who studies continue to show suffer far more than do their male counterparts in the wake of divorce? Or does feminism instead require a recognition of the ability of women to make equivalent financial contributions to a marriage as men, and thereby accept only pure equality of treatment? A series of incongruent doctrines makes it clear that family law truly does not know what feminism should mean.

Consequently, the system of family law largely fails to achieve one of feminism’s most fundamental tenets: empowerment. This Article will sample a diverse cross-section of family law and analyze it from a feminist perspective. Part I will consider the state of a woman’s decision-making authority in the reproductive context. Parts II and III will explore the modern proliferation of domestic violence-related legislation, analyzing state law schemes that provide for both punitive damage recoveries and permanent spousal support. Part IV will address marital property regimes around the country. Across all contexts, the Article will demonstrate that, often despite the best intentions of legislators and jurists, family law wholly fails to empower women.