Kicking Up a Fuss Over Marital Term Limits

Because I enjoy a little healthy debate (and also because I've been thinking about it a while), I posted yesterday on BlogHer about marital term limits. I actually don't care for that terminology, because it sounds like you're required to stop being married at some point, which was not what I was arguing for. If you want to be married, you wouldn't have to stop -- you just re-up. I actually like Mexico City's proposal (though two years seems a bit short):

The minimum marriage contract would be for two years and could be renewed if the couple stays happy. The contracts would include provisions on how children and property would be handled if the couple splits.

"The proposal is, when the two-year period is up, if the relationship is not stable or harmonious, the contract simply ends," said Leonel Luna, the Mexico City assemblyman who co-authored the bill.

"You wouldn't have to go through the tortuous process of divorce," said Luna, from the leftist Party of the Democratic Revolution, which has the most seats in the 66-member chamber.

It might seem odd that someone happily married after ten years is a fan of this idea. On Twitter last night I took a lot of heat for banging on "the sanctity of marriage." I don't see it that way at all -- the promise and commitment you make to your spouse can be spiritual, it can be religious, it can be personal -- but it needn't be legal. We all know plenty of people who are deeply in love and committed to each other for life but for whatever reason not legally married. The sanctity part has to do with the relationship, not the legal marriage. I believe in the sanctity of the relationship, not the sanctity of the legal marriage. Give to Caesar what is Caesar's.

Legal marriage is a legal contract and has nothing to do with love. Usually, they go hand-in-hand, but legal marriage as an institution is rooted in property ownership. In Missouri, where I live, it means this:

There are numerous legal benefits to marriage. There are both federal and state laws available only to married people. Other benefits include Social Security benefits, inheritance rights, property rights, the ability to sue third parties for the wrongful death of a spouse or loss of consortium, and the right to make medical decisions on a spouse's behalf.

There is nothing about love or sanctity or eternal commitment in the legal definition of marriage.

In my BlogHer series How to Get a Happier Marriage, I kept coming back to the concept of daily choice. Whether you're legally married or not, if you're in a healthy relationship, you're aware every day that you don't have to be there -- you're there because your life is better with that person than without him or her. You're there because you want to be. You're not enmeshed with the other person or controlled by him or her. I'm not saying it wouldn't be incredibly painful to leave, but if something happened to that person, you could go on putting one foot in front of another. You have to believe that if you don't want the other person to worry themselves to death over you. 

I think it's actually detrimental to love to think to yourself, well, we're married, so this other person has to put up with me no matter how I behave. I wrote in April 2010:

The fact is that I can't see the future. I learned a long time ago that you don't just say "I do" and it's done. I'm a different person than I was when I got married eight years ago, and so is my husband. We have to wake up every single morning and -- without so much as coffee -- choose each other again. And when I choose him, I'm not choosing the man I married when we were 28. I'm choosing the man he is now.

If you keep choosing that other person with your eyes wide open over years of good times and bad, that love deepens. While bagging on Twilight, I wrote:

Diana's romance illustrates what I know to be true about many happy couples -- they met when they were young. Maybe they even fell in love when they were young. But, as she writes, true love -- the kind that lasts fifty years -- is something that brews over time spent bailing each other out from crises, from facing real life and sometimes mundane challenges and achievements.

I realize my opinion in favor of marital term limits won't be a popular one, even with members of my family. I do hope it's clear that I'm not talking about spiritual or religious marriage -- I'm talking about the legal documents that make separating in the case of two people falling out of love something that requires lawyering up and involving the family court system. Falling out of love with someone is bad enough -- to have to be financially devastated and prolong the experience just adds legal insult to emotional injury.

I do think people should be very sure before they get married. I do think people should commit to working things out if at all possible. 

According to the U.S. Census Bureau, the U.S. has the highest divorce rate out of us, Denmark, Canada, Japan, France, Germany, Ireland, Italy, the Netherlands, Spain, Sweden and the U.K.

I have some other arguments for term limits in my BlogHer post. I hate to divide the conversation, so I'm going to close comments here and ask that if you'd like to respond that you do it there. 

I'm not anti-love. I'm not anti-commitment. I think it's incredibly romantic to choose the other person every day for the rest of your life, as I do every day with Beloved. I don't see how separating the legal from the spiritual hurts my bond with him in any way. I'm actually surprised people are unwilling to see the difference between the legal bond and the spiritual or romantic one. Am I insane?