Transmission of inequality: the curbing effects of shared-custody law in Spain

Abstract

The past two decades have witnessed several reform laws with the result of favoring joint custody after divorce. However, in the Spanish case, the presumption of mother sole custody is the main alternative for custody arrangement. The most popular justification for this phenomenon is the ongoing social norms of society which takes women’s responsibility for child rearing for granted. By doing so, adversely effects appear as a considerably decline in the participation of women in the labour market which in turn will lead to an increase of women’s risk of poverty. To overcome this shortcoming, we made a quantitative analysis to test the effect of shared custody, such a recent trend in Spain, on the participation of female in the labour market. Results provide support to the idea that females in Catalonia, Valencian Community and Basque country, where legislation foster shared parenting, are more likely to employed.