41% is really high considering the potential consequences.
maybe at 2% there could be a viable divorce insurance product and the terms of the contract wouldn't have to be updated by legislatures
but at higher percentages an insurance product is not possible, and we need a better contract, laws, and court behavior
I and a few others don't have any issue abstracting all topics into their economic realities, including the marriage concept that the state offers in its entity catalogue. I think many more people could do that as well, it is just convenient to deflect and pretend marriage isn't about that, convenient for typically one party in any case.
Also prenuptial agreements are a thing for a reason.