Your Rights in Divorce in Israel

Your Rights in Divorce in Israel

Understanding your legal rights is one of the most important steps you can take when going through a divorce. Israeli law provides substantial protections for both spouses and children. This guide outlines the key rights you should know about.

Property Rights

Under the Marital Property Relations Law of 1973, all property acquired during the marriage is divided equally between the spouses. This includes:

• The family home — even if registered in one spouse's name
• Savings, investments, and bank accounts
• Pension and retirement funds accumulated during the marriage
• Vehicles, businesses, and professional goodwill

Property owned before the marriage, inheritances, and personal gifts are generally excluded from division, provided they were not commingled with marital assets.

Parental Rights

Israeli law increasingly favors joint custody arrangements. Amendment 100 to the Legal Capacity and Guardianship Law emphasizes the child's best interests and the importance of maintaining meaningful relationships with both parents. Key parental rights include:

• Equal say in major decisions about the child's education, health, and welfare
• Fair visitation schedules for the non-custodial parent
• The right to be involved in the child's daily life

Child Support

Following the landmark HCJ 919/15 ruling, both parents share the obligation to support their children from age 6 onward, proportional to their incomes. For children under 6, the father bears primary responsibility under religious law. Child support covers basic needs, education, health, and extracurricular activities.

Spousal Alimony

Spousal support (mezonot ben/bat zug) may be awarded in two forms:

• Temporary alimony — paid during divorce proceedings to maintain the dependent spouse's living standard
• Permanent alimony — awarded in cases where one spouse cannot support themselves due to age, health, or long absence from the workforce

Spousal alimony is not automatic and depends on the specific circumstances of each case.

Special Protections

Israeli law provides several special protections during divorce:

• Protection orders — available in cases of domestic violence or threats, issued within 24 hours
• Get refusal sanctions — legal tools to compel a refusing spouse to grant or accept a Get
• Stay of exit orders — preventing a spouse from leaving the country with children or assets
• Temporary injunctions — freezing assets to prevent dissipation during proceedings

Frequently Asked Questions

Can I stay in the family home during divorce?

Yes. The court can issue orders allowing one spouse to remain in the home during proceedings, regardless of ownership. In cases of violence, the abusive spouse can be ordered to leave.

What if my spouse earns much more than me?

Income disparity is considered in property division, child support calculations, and spousal alimony decisions. The court aims to ensure a fair outcome for both parties.

How are pensions divided?

Pension rights accumulated during the marriage are considered joint property. An actuarial assessment determines the value, and each spouse receives their share upon retirement.