Women and the economics of marriage

Abstract

In the past, traditionally within marriages, the wife has been the one responsible for carrying out household activities and caring for minor children and other family members who might reside in the family home. However, although nowadays in Spain both spouses generally share equally in domestic tasks as well as the care of minor children, it is true that there are still instances of marriages in which the wife has been solely responsible for domestic tasks and the care of minor children throughout the duration of the marriage. Consequently, this article examines compensation for domestic work as provided in the current article 1438 of the Civil Code, first analyzing some of the changes that have occurred in the Civil Code since its enactment with respect to marriage, divorce, and the rights and duties of spouses, and subsequently providing an in-depth analysis of article 1438 of the Civil Code, which activities or tasks fall within the concept of domestic work, the requirements for granting such compensation and the criteria or factors to be considered in determining the amount.