Will the Market Kill Your Marriage?

Instead of working out who owns what, lawyers and mediators are trying to figure out the fiendishly trickier conundrum of who owes what. "We're negotiating debts--not assets," says Henry Gornbein, a family-law attorney in Oakland County, Mich. "Two, three years ago, I'd be telling you that houses had equity, and you'd either be doing a buying out or selling the house and splitting whatever the proceeds were. Now it's the reverse. You go into court; the judges just don't know what to do."

In the face of this, some couples are attempting to tough it out. "The divorce rate is down in Michigan," says Gornbein. "People have no choice sometimes now except to return to the marriage." Others are choosing to separate or divorce but live together until either the house sells or they go stark raving barmy and will sign anything. A Boston lawyer tells of a woman who had a restraining order against her husband but was forced by economic circumstance to let him move back in. (Eventually they reconciled.)

The ex-as-roommate phenomenon is common enough that Virginia already has case law that governs what couples who are separated but living under the same roof may and may not do if they want the separation to lead to a divorce. Sex is definitely out, as is doing each other's laundry, shopping or cooking for each other and going on a date. Virginia, clearly, is not for ex-lovers.

The Teeterers

And then there are the couples who are contemplating divorce because of the strain the poor economy is putting on their poor marriage but think it's because of something else. John Coates, a Deutsche Bank trader turned Cambridge University researcher, measured the naturally occurring steroids in 17 British male traders over time and found high levels of testosterone during bull markets and of cortisol during volatility. Cortisol helps the body deal with threatening situations. But prolonged exposure to it, as during a lengthy downturn, makes people irrationally fearful, so when confronted with neutral situations--say, that their spouse would like the leaves raked--they react as if threatened. In other words, men can get funny when they're losing money. Even those who aren't traders.

Which brings us to cheating. Since no one has yet figured out how to do a National Infidelity Survey, it's hard to track, but experts warn it becomes more likely under stress. "Study after study shows that men deal with stress through escapism and women deal with it by talking," says Jill Brooke, a divorce expert who helps run Firstwivesworld.com "Online porn, massage parlors and escort services are cheaper and quicker than therapy, especially if you lost your health insurance." Often, since the men are operating under stress, they get caught. And often their wives can't bring themselves to take the Silda Spitzer--Elizabeth Edwards high road.