SOCIO 2QQ3 Test 2

Why did divorce rates increase after the divorce legislations were introduced?

Legally, it made it easier to get a divorce.

What is wrong with the statistics data on divorces and breakups?

• Large gaps in knowledge in 2000s where Stats Canada didn’t collect data on divorces.

• Little data on other relationship breakups other than divorce.

  • There’s an increasing number of people in different types of relationships that end.

  • Doesn’t look at separated people, only legal divorce.

Does family law treat married and cohabitation couples the same?

No

• Only spouses are entitled to 50% of assets in divorce.

• In BC, both spouses and cohabitation couples are entitled to 50% to try and help the financial struggles many women are left with after a cohabitating relationship.

Are pension plans divided in the division of assets?

Yes (both employer + Canadian plans).

How is child support determined?

Who pays and how much is paid is dependent on:

• Income

• Parenting time

• Number of kids

Why is there child support?

Idea that kids should have an equal standard of living in both homes.

Who pays child support?

Anyone can have to pay regardless of caregivers relationship with one another + kin relationship with child.

• If adult took on a caregiver role to the child, they could have to pay.

Length of child support

Can last past 18 years old if the child is in post-secondary education.

Section 7 Expenses

Additional expenses that a caregiver must pay for the child as they should have the same opportunities that they would have if their parents were still together.

• Ex. Education, extracurriculars, medical + dental care, child care, etc.

Another term for “Spousal Support”

Alimony

Spousal Support

A certain amount of money that is sent monthly to a former cohabitating / spousal partner if there is an income discrepancy at the time of dissolution or if a partner was financially dependent on the other.

• Amount of money and how many months have to pay determined by court

• Based on duration of relationship.

  • Not always awarded for shorter relationships / pay for less time if required.

  • Long-term relationships (~ > 5yrs) can require payment for life.

Why was spousal support created?

To recognize the gender inequalities in labour and rise of neoliberalism.

Reasons for Increase in Self-Represented Litigants

• Expensive to have legal representation.

• Don’t think qualify for aid.

• Struggle to find lawyer.

• Don’t trust or had bad experience with lawyers.

• Now a lot of family court proceedings and forms are available online.

  • Believe can represent self fine.

What do people experience when they represent themselves in court?

Negative experience with anxiety and difficulties trying to go to court unrepresented.

• Difficulty navigating court processes.

• Longer court processes + decreased chance of settling / reaching an agreement.

Effect of self-represented litigation on the other partner

Higher legal cost for the partner who is legally represented.

• Takes more time in court.

Where 2021 Divorce Act encourages partners to handle their divorce

Out of court with mediation + collaborative law.

Language of “Custody” + “Access”

Now “decision-making responsibility” + “parenting time.”

• Divorce Act changed language to make it less confrontational.

Broadened Definition of “Family Violence”

Used to only include and recognize what would be considered a legal crime.

• Divorce Act recognizing other forms of abuse.

  • Ex. Stalking, threats, harassment, etc.

What does “Family Violence” exclude?

Physical violence that’s used as self-defence.

Best Interest of the Child

When making judicial decisions abt child, determines + makes choice abt their needs given their age.

• Divorce Act extended + clarified to take history of care, spirituality, language, culture, relationships w ppl (not just parents), view of child, any civil / legal proceeding relevant to child, etc.

• Used to not look at the histories + context into account as much.

Divorce Act + Relocation

Outlines specific rules clarifying what parents must do if one relocates far enough that it impacts the parenting time of the other parent.

• Ensures protection of child’s right to see both parents.

• Parent relocation becoming more common for work.

Do the effects of relationship dissolution vary?

Yes

• Must look at before, during, + after breakup to understand.

Is there a difference in the effects of dissolution for longer relationships?

Dissolution is often more challenging for longer relationships.

Older People + Breakup Recovery

Older ppl often include their partner in their plans for retirement.

• Being older = less time to recover financially after a breakup.

  • Results in harder breakup effects.

Main effect of dissolution on adults

Money

• Mainly for women + more long-term with higher rates of poverty + lone parenting struggles.

Stressful Life Events (Breakup) + Distress

• Causes physical, mental health, economic distress.

• Even years later, some still experience abnormally high levels of emotional distress.

• May never recover.

Do men and women experience the dissolution effects for the same amount of time?

No

• Men = temporary

  • Lower well-being in short-term, but increases with time.

• Women = long-term / permanent

  • More financial consequences.

What is currently making it harder for women to leave a relationship?

Fear due to the higher rates of femicide.

Benefits of Relationship Dissolution

• Can create new household with minimal / no conflict.

• Parents can become more attentive to child’s needs.

  • More effective parenting.

• May allow previously less involved parents to get more involved + build stronger bond with kid.

Sole Custody + Parenting Time

• Mom = more likely to have sole custody.

• More parents who don’t have sole custody will see at least once a week.

• Over half of parents who don’t have sole custody live < 20km from other parent.

• Parental lvl of satisfaction of time spent with kid increases as frequency of contact increases.

Parents Employment Schedules + Relationship Dissolution

• Amount of time w kids often depends on work schedule.

• More flexible schedule = better child care.

• Many women make decisions abt paid work to facilitate child care even before breakup.

  • Helps after breakup.

• Women = more likely to work less hrs. part time than male partner.

  • Helps care for young kids.

Effects of Breakup on Fathers

Often less parenting time + decision-making responsibility.

• Can lead to:

  • Emo distress

  • Dissatisfaction w parenting time + child support

  • Perception of divorce process

  • Ongoing conflict w ex

How long is the impact of divorce + breakups?

Healing process varies but can be lifelong.

Factors that shape how people cope

• Access to formal + informal support

• Coping skills

• Financial resources

• Age

• Kids (if have)

  • Amount + ages

• Relationship quality before breakup

• Circumstances of breakup

Breakup Effects on Kids

• Financial distress / insecurity from breakup influences where + how parents live, impacting child’s living conditions as well.

  • Ex. If can’t afford to live in same neighbourhood after divorce, then child has to be uprooted and move to a new school.

• Becoming normal for kids to live w parents not together + experience diff relationships.

Is a child’s wellbeing dependent on their parents’ wellbeing?

Kids do best when their parents are not in conflict + doing emo, physical, + financially, etc. better.

• Lone parent’s ability to effectively parent predicts how well kids cope after parental breakup.

• Worse health + well-being outcomes when exposed to parental conflict.

  • Kids from high conflict divorced fams = more neg. impacted.

What is a situation where kids do better when parents breakup?

• If exposed to fam violence.

• If exposed to a lot of conflict.

Why kids may move homes and schools more after parental breakup?

Economic insecurity

Who is most likely to experience a decrease in standard of living post breakup?

Women

• Lower income causes many to not qualify for mortgages so must rent homes.

• Being a lone parent after breakup = expensive + reduces opportunities to buy a home.

Do blended families experience more or less financial challenges?

Usually more.

2 ways divorce can increase teen kids risk of depression:

1. Causes many secondary probs + stresses that result in depression.

   • Ex. Economic probs.

2. Can alter reaction to stresses which may increase the depressive effects.

What type of custody causes less stress for mothers?

Joint custody

Joint Custody / Shared Parenting Time

• Increasing popularity in Canada.

• Parents often more edu, higher SES, less conflict, + have kids over 6yo.

Positive Effects of Relationship Dissolution on Kids

• Coping skills

• Ability to manage conflict + hard situations

• Greater emo resilience

• Independence

• May expand social networks + support.

  • Blended fams = more fam members.

    • Note: If breakup, may have to go through loss.

• Stronger parent-child relationship.

Unpaid / Domestic Labour vs Caregiving

• Unpaid Labour: Unpaid caring for fam members + maintaining a household to facilitate the care of fam members.

  • Domestic Labour: The paid outsourcing of this labour.

• Caregiving: Care of kids, ill, injured, older, + disabled ppl.

  • Form of unpaid labour.

  • Also known as social reproduction (physical, mental, + emotional labour).

    • Intergenerational labour = reproducing the workforce within capitalism.

Is unpaid labour always visible and easy to measure?

It is often invisible and only noticeable / appreciated when that tasks are no longer performed.

• Invisible example: Taking care of a pet may not be as appreciated because ppl don’t consider the time, energy, money, etc. that is done.

  • Other examples: Banking, “learning+ research” performed in order to care, emo. support + conflict management, kin keeping.

• Visible example: Cooking, helping with homework, laundry, shovelling, taking fam to appointments / extracurriculars.

Women + Unpaid Labour

• Provide more unpaid labour than men in heterosex. couples.

  • Juggling both paid + unpaid labour = hard.

• Amount of time performing unpaid labour structures women’s paid labour opportunities.

  • Unpaid work after paid work = “2nd shift.”

Dual-Earner Families + Unpaid Labour

• Increase in female labour force participation = increase in dual-earner fams.

• Despite balancing of men + women in paid + unpaid labour w time, men still spend more time in paid labour than unpaid.

Increasing Aging Population + Unpaid Labour

• Home care = inadequate.

  • Many elder ppl live alone w/o caregivers to help.

• Less kids than seniors + longer life expectancies = harder for sandwich gen. to care for elders.

  • No siblings to share care w.

• Harder than childcare? bc medical crises, cognitive + phys health decline.

  • Phys demands for caregiver increase w age.

    • Often can affect women’s employment.

2 Challenges with Caregiving (Unpaid)

1. It can be a full-time job w inflexible schedule.

2. Signif. gov-sponsored home care cuts.

   • Increase in unpaid labour bc $ + long waitlists.

   • Neoliberal gov policies = fam now responsible for care.

When is domestic labour most time-consuming?

When children are young.

Who is domestic labour outsourced to most?

Marginalized women who receive lower wages than the average Canadian worker.

• Unpaid + low paid domestic labour suggests the work = economically devalued.

Caregiver Burnout

• Caregiving can be phys + emo taxing, isolating, + neg.

  • Lack of support worsens.

• Unpaid caregiving still costs $ + time.

• Risk of suicide + depression.

Consequences of not performing unpaid labour

• When husbands do no housework, wives = declined well-being + increased depression.

  • Men health better when married.

• Married women have poorer health bc limited sleep, self-care, leisure time.

  • More likely to multitask leisure activities w unpaid labour = less rest.

• Women in charge of finances + budget = more stressed / worried.

  • What if forget kid’s lunch $, didn’t pick up toy “Santa” got kid for Xmas, etc.

• Ex. Neglect, further worsening med. prob, etc.

Gender Inequality + Outsourcing

• More educated women spend less time on unpaid labour ≠ men taking on all of those tasks.

• When women make more $ than men in high / mid income fam = more likely to outsource.

Why do women who do more unpaid labour see this division as fair?

• Failed attempts to get husband to contribute.

• Motherhood changes identity.

• Economy of gratitude.

Economy of Gratitude

Women feel gratitude if their husband does any amount of unpaid labour.

• Compare to other couples where husband does less than own.

• Reluctance to recognize inequality.

• Economic pressure.

Single vs Married Men + Women’s Earnings

• Gaps in earning diffs = narrower when single.

• Marriage + childbirth causes more women to stay home + do more unpaid labour.

What relationship status is more likely to have a joint bank account?

Married + longer term.

• Co-habiting + common-law often are ppl who have gone through divorce / srs breakups before so separate $.

Gender + Use of Separate Bank Acc

• Women = more likely for collective.

• Men = more likely personal.

  • Less fam focused w purchases.

Partial Pooling

Having a joint account for equal contributions in shared expenses + a separate one.

• Reinforces economic inequalities for women who earn less.

• If woman earns more than male partner, may do to try to min. their power by obscuring the gap.

• More popular.

“Doing Gender” – West + Zimmerman

Joint bank acc. may be a strategy for women to obscure that they’re the breadwinner (make look like it’s both their $).

• Gender norms

• Imitating a conventional marriage.

• May defer $ control / power to male partner.

Predatory Marriage

Econ exploitation (marrying someone for $ gain).

• Often younger marrying older.

  • Goal = assume control over their $ + assets.

• Isolating spouse from fam.

Sexually Transmitted Debt

Econ exploitation via emo exploitation where individual takes on loans + debts by getting another person to co-sign, leaving them legally responsible for it.

• Often women co-signing + not understanding the documents / the legal implications.

Long-Term Care Facilities + COVID

• Increased stress on caregivers.

  • Understaffed.

  • Lack of funding + regulations / standard of care.

• Canadian healthcare system not built for long + complex probs (≠ properly equipped for pandemic).

• Residents of facilities = more likely to get COVID, hospitalization / die from it, experience cognitive decline in facilities, + die from improper care.

What are people calling for w long-term care facilities?

To eliminate the for-profit facilities (most are priv owned, funded, + operated).

• Priv run = poor regulations + standard of care.

“She-cession”

Many women left work bc no childcare avail in COVID.

• Mainly moms of young kids.

• Even if they worked from home, they were worried abt jeopardizing their kid’s safety by not watching.

Problems w remote work

• Increase in remote work shows need for policies + regulations for healthy work-life balance.

  • Existing ones not rly enforced (up to employer).

• Monitoring on work tech. goes into priv life.

  • Monitoring of activity even outside of work hrs.

School Closure + COVID

• Kids + youth = most affected.

• Concern abt mental health impact (DK long-term cons yet).

• Caused decline in child abuse detection.

Fam Violence + COVID

Shadow pandemic = increases in all types of fam violence.

• Especially during stay-at-home order.

Solutions for Housing Crisis

• Tiny homes

• RVs

• Investing in houses w other fams.

  • Live tg for few years + after equity goes up + can profit, will sell + split the money evenly to then buy their own homes.

• Leave country

What problem did blended families face during COVID?

Travel restriction policies didn't consider blended fams, making so kids couldn’t see both parents.

• Especially ppl living close to border w houses in Canada + US.

What is the intergenerational injustice of homeownership?

Older generations were able to buy houses much easier bc they got lucky + the market was good, but now people who may make even more money still can’t afford a house.

• Those who bought when market was good are able to sell and become accidental + lucky millionaires.

Who is mainly a victim of physical elder abuse?

Senior women.

• Often victims of husbands.

Palliative + Hospice Care vs Hospital

Palliative + Hospice = Helps those dying w better pain management + comfort.

• Shortages bc less funding.

Why is home care for the aging population limited?

Increasing neoliberal gov. policies.

An advantage of home care over hospitalization

Less expensive for families.