Yeh, but it wouldn't solve the "nuke beside the bed" problem or the consequent "divorce is legal rape" problem when she discovered she was bored.
I've done a fair amount of thinking about this subject over some 20 years, having been through a rough one, even wrote a small book about it (focus was divorce lawyers). The legal system insists upon fitting people into gender roles and making decisions on that basis because it's easy and because they want someone other than the state to pay for any children. If judges were more priests and able and willing to see people more as they are, and were allowed more to exercise thier judgement (always assuming they had good judgement), the decisions would be a lot fairer. Beyond sensitivity and insight, this takes courage. Margaret Chase Smith, former Senator from Maine, once commented in response to feminist quote-baiting that she had always seen women as people first. Both women and men exhibit a very wide range of behavior and somehow this needs to be taken into account because the "one size fits all" legal mentality is NOT working.
My 2 cents with bonus of a dollar and a half . . . ;-}