Ending a special relationship: Toward an ethics of divorce

Abstract

Abstract Romantic partnerships are typically among the most important goods in our lives. But love sometime ends, and so too do relationships. Divorcing partners are particularly vulnerable to being wronged and harmed. The aim of this paper is to develop an ethics of divorce, by establishing that divorce is a condition for the possibility of the distinct value of romantic partnerships. Different sets of rights are specified here: the divorcee's right to explanation, the right to participation and the right to transitional goods; and the divorcer's right to relational freedom. Violations of these rights indicate the distinct wrongs and harms of divorce. The paper then explains the corresponding duties in divorce that might avoid these wrongs and mitigate these harms, and highlights the distinct status of these duties: while they continue to be special, they are residual duties grounded in the fact that the partners once committed to their partnership.