To add on to what the other poster said. If I don't pay all of the taxes that I should and we file jointly, my wife is just as liable as I am. If I file bankruptcy, my wife will be affected. If I started my hypothetical business, charged credit cards and didn't pay them (especially in a community property state), they could come after her resources.
If I make dumb decisions, my whole family is affected.
Absolutely. Heres one fucked up example. You thought of an idea; get married; divorced; you implement the idea/make money off it;. Goodluck cause now state gets to decide how much ip-right/money should the ex-spouse get.
Citation? Everything I'm reading says that your property, including IP, that was exclusively yours before marriage, is yours when you get divorced. Likewise, I don't see any way for post-divorce ideas and businesses to be considered "community property". Looking at WA laws though.
Last I checked, there was a legislative process that is overseen by elected officials required to change most laws around marriage. You have to sign a contract with the state to get a license and operate a vehicle legally, I don't see people up in arms and refusing to drive because the state can change driving rules. Same with incorporating a company in any given state. You are subject to that state's laws even if they change after you start your company, but you take that risk because you determined that the protections you get from signing that contract is more valuable than the risk from not doing so.
Also, other than legalizing no-fault divorce and expanding marriage to same-sex couples, what are the changes that states could make which are so scary to you? Sharing wealth 50/50 in the case of divorce is not some new thing.
Except (AFAIK) none of these has ever resulted in 50% of someones wealth/future-wealth/ip being "awarded" to someone else.
> Also, other than legalizing no-fault divorce and expanding marriage to same-sex couples, what are the changes that states could make which are so scary to you?
Beside legislative branch, judiciary also gets to set precedents as it go.
> Sharing wealth 50/50 in the case of divorce is not some new thing.
It was new when first time it happened. Since it could not have been in marriage contract or constitution. It must have been made up by courts.
Would you sign a contract which can be arbitrarily changed by a third party at any point? Would you signed a contact where the terms are not clearly defined? This is the state of marriage today in many Western countries
1. It depends on your jurisdiction. Often they are not clearly defined. In part because there are so many possibilities and it's difficult to write rules to handle all of them. This is where judges come in. If you go to court, it will depend on the judge and their take on the situation.
That aside, my original point stands. You sign a marriage contract and the state legislature can change the terms of the contract without your consent.
2. Could you elaborate? I couldn't understand the point you made. As far as I'm aware you don't sign a contract when you drive a car.
What about your failures ? What if you end up commiting a crime, will your wife have share in that ?