"These Boots Are Made for Walking": Why Most Divorce Filers Are Women Margaret F.Brinig,College of Law,University of lowa,and Douglas W.Allen,Department of Economics,Simon Fraser University Because of the financial and social hardship faced after divorce,most people assume that generally husbands have instigated divorce since the introduction of no-fault divorce.Yet women file for divorce and are often the instigators of separation,de- spite a deep attachment to their children and the evidence that many divorces harm children.Furthermore,divorced women in large numbers reveal that they are hap- pier than they were while married.They report relief and certainty that they were right in leaving their marriages.This fundamental puzzle suggests that the incen- tives to divorce require a reexamination,and that the forces affecting the net benefits from marriage may be quite complicated,and perhaps asymmetric between men and women.This paper considers women's filing as rational behavior,based on spouses' relative power in the marriage,their opportunities following divorce,and their antic- ipation of custody. You've been messing where you shouldn't have been messing,and someone else is getting all your best....These boots are made for walking,and that's just what they'll do.One of these days these boots are going to walk all over you. -Nancy Sinatra 1.Introduction Throughout most of American history,wives rather than husbands have filed for divorce.The proportion of wife-filed cases has ranged Send correspondence to:Margaret F.Brinig.College of Law,University of lowa, Boyd Law Building,Iowa City,IA 52242;Fax:(319)335-9098;E-mail:margaret- brinig@uiowa.edu. 2000 American Law and Economics Association 126“These Boots Are Made for Walking”: Why Most Divorce Filers Are Women Margaret F. Brinig, College of Law, University of Iowa, and Douglas W. Allen, Department of Economics, Simon Fraser University Because of the financial and social hardship faced after divorce, most people assume that generally husbands have instigated divorce since the introduction of no-fault divorce. Yet women file for divorce and are often the instigators of separation, de￾spite a deep attachment to their children and the evidence that many divorces harm children. Furthermore, divorced women in large numbers reveal that they are hap￾pier than they were while married. They report relief and certainty that they were right in leaving their marriages. This fundamental puzzle suggests that the incen￾tives to divorce require a reexamination, and that the forces affecting the net benefits from marriage may be quite complicated, and perhaps asymmetric between men and women. This paper considers women’s filing as rational behavior, based on spouses’ relative power in the marriage, their opportunities following divorce, and their antic￾ipation of custody. You’ve been messing where you shouldn’t have been messing, and someone else is getting all your best. ... These boots are made for walking, and that’s just what they’ll do. One of these days these boots are going to walk all over you. —Nancy Sinatra 1. Introduction Throughout most of American history, wives rather than husbands have filed for divorce. The proportion of wife-filed cases has ranged Send correspondence to: Margaret F. Brinig, College of Law, University of Iowa, Boyd LawBuilding, Iowa City, IA 52242; Fax: (319) 335-9098; E-mail: margaret￾brinig@uiowa.edu. ©2000 American Lawand Economics Association 126