Family law is largely about distributing loss. Of course, it is rarely described as such. When judges make decisions about where children will live and how much contact the other parent will have, their decisions are cloaked in the optimistic language of the “best interests” of children. Similarly, when making decisions about property, courts may use the language of equitable distribution of assets, as if what is being divided are the gains of the marriage. In one sense it may be so. Yet in divorce, as is often said, there are no winners. When it is not possible for the children to live in the same household with both parents, neither parent will usually have as much time with the children as he or she had during the intact marriage. When one household is divided into two, neither party to the marriage can keep as much of the property as they enjoyed during the marriage. [download]
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