Divorce Between Jews - עמיהוד בורוכוב, משרד עורכי דין

Q: My son and his wife are going through divorce proceedings in the Family Court. During their marriage, I transferred a large sum of money to them as a loan, and now his wife (my daughter-in-law) is waving the debt, claiming that the loan was given to my son only. What should I do?

Marriage and Divorce •Divorce Between Jews

A: You must prove in court that the loan was given, and that the loan money was designated and also reached her. In a Judgement issued on 30.5.24, the Family Court in Rishon LeZion (File # 33323-12-21), a similar claim by a woman in divorce proceedings was rejected, as part of a lawsuit filed by the mother-in-law (the husband’s mother) against the couple, for the return of a loan given to them. The family Court there found that the woman’s version that she did not know about the loan that the man received money from his mother or that she was not part of the recipient of the loan, is absurd given the fact that it was proven that the woman received a considerable amount from that loan directly into her bank account, she paid the interest and management fee repayments together with the man, she recognized in real time the loan as a joint debt of the couple, and even offered to “take on” a sum of 200,000 NIS to repay the debt, after the parties’ relationship had run aground.

Q: My ex-wife is claiming that our divorce agreement should be annulled, claiming that I violently forced her to sign it. I was never violent towards her. What are her chances of annulling the agreement in court?

Marriage and Divorce •Divorce Between Jews

A: If there is no basis for her claim, the agreement will not be canceled. In a judgement given by the Family Court in Rishon LeZion on 12.11.24, (Family File #58820-08-21) the wife’s claim that her husband tried to run her over, with his car, treated her violently, and forced her to sign their divorce agreement, which was approved by the court, was rejected. The court ruled that the woman did not provide evidence that she had ever filed a complaint against her husband for violence, with the police, and admitted that she did not seek medical treatment for violence. In addition, during her interrogation in court, the wife confirmed that during the marriage and up until the date of signing the agreement, no complaint of violence was ever filed, nor did she prove a connection between the alleged violence and the signing of the agreement. The Court rejected her plea, stating that, for the court to determine that an agreement should be annulled, due to violence, a direct connection must be proven between the violence and the signing of the agreement. The Family Court found that there is no doubt that at the time of signing the agreement, no violence was used against the wife.

Q: My ex-wife is claiming that our divorce agreement should be annulled, claiming that I violently forced her to sign it. I was never violent towards her. What are her chances of annulling the agreement in court?

Marriage and Divorce •Divorce Between Jews

A: If there is no basis for her claim, the agreement will not be canceled. In a judgement given by the Family Court in Rishon LeZion on 12.11.24, (Family File #58820-08-21) the wife’s claim that her husband tried to run her over, with his car, treated her violently, and forced her to sign their divorce agreement, which was approved by the court, was rejected. The court ruled that the woman did not provide evidence that she had ever filed a complaint against her husband for violence, with the police, and admitted that she did not seek medical treatment for violence. In addition, during her interrogation in court, the wife confirmed that during the marriage and up until the date of signing the agreement, no complaint of violence was ever filed, nor did she prove a connection between the alleged violence and the signing of the agreement. The Court rejected her plea, stating that, for the court to determine that an agreement should be annulled, due to violence, a direct connection must be proven between the violence and the signing of the agreement. The Family Court found that there is no doubt that at the time of signing the agreement, no violence was used against the wife.

After 30 years of marriage my husband and I are divorcing. During our marriage I never worked and took care of our children (now grown) and household, while my husband has been working in an international company making a high salary. We have an apartment registered equally under both our names. My husband left, and filed a property plea in Court, asking to divide our joint property. May I claim I should get more money because of my financial situation?

Marriage and Divorce •Divorce Between Jews

Yes! You should ask the Court to order your husband to pay a lump sum compensation, that reflects the difference of your earnings differences. In a similar case that was brought before the Family Court in Hadera, on March 26th 2025, (file #37931-12-21) it was ruled that although the sales money for their apartment will be divided equally between the parties, the husband will pay the wife in addition a lump sum of 230,000 NIS, a compensation because after 30 years of marriage of not working she is left with no significant professional experience, compared to him.

My husband filed for divorce at the rabbinical court and included my maintenance. The rabbinical court has now rejected his plea. He still won’t support me financially. What are my legal options for getting him to do so ?

Marriage and Divorce •Divorce Between Jews

In general, once a rabbinical court rejects a husband’s divorce plea to which a wife’s maintenance has been bound , it loses jurisdiction over the issue of the wife’s maintenance, the Supreme Court held in the eighties. The wife is then free to decide whether to file for her maintenance at the rabbinical court or in the civil system, where jurisdiction nowadays lies with the family court.

My husband turned to drink after his business started running into financial difficulty. He is now an alcoholic, though he won’t admit it and will not go for treatment. He has ceased to function in many respects . He cannot support me and the children financially. We no longer have any sex life as he cannot function sexually under the influence of alcohol. Can I divorce him because of his addiction to alcohol ? We are both Jewish.

Marriage and Divorce •Divorce Between Jews

Under Jewish law a man who cannot satisfy his wife sexually or support her financially is not fulfilling his duties as a husband according to their Ketuba (marriage contract). A Jewish woman whose Jewish husband is addicted to alcohol and ,as a result of his addiction, fails to perform these two duties has grounds for divorce.

We have never been well off as a married couple, always having to scrimp and save. My husband is in regular employment on an average salary. Since the start of the recession , however, he seems to have become depressed and out of hopelessness has started spending more and more money every week on lottery tickets and football pools.This gambling mania is getting out of hand . Does Jewish law allow a wife to divorce her husband because of his addiction to gambling ?

Marriage and Divorce •Divorce Between Jews

If the results of a husband’s gambling habits adversely affect marital life so that he is not fulfilling his duties according to Jewish law – in particular supporting his wife and children financially – then the wife has grounds for divorce.

Furthermore, if a husband’s gambling addiction results in other forms of negative behaviour which are recognised under Jewish law as grounds for divorce- e.g. physical and verbal violence – then the wife may have additional legal cause when she files to end their marriage at the rabbinical court.

I only got married to my husband a few months ago. Am I entitled to file for divorce even if he does not agree to divorce ?

Marriage and Divorce •Divorce Between Jews

Yes ! A Jewish wife is entitled to initiate divorce proceedings without her husband’s permission, however short the marriage. However, she will only be entitled to divorce if she can prove grounds for divorce according to those recognized by Jewish law , at the rabbinical court , if the husband does not consent to end the marriage.

My husband wants to leave Israel. I don’t. Do I have grounds for divorce under Jewish law because he wants to leave Israel ? I have nothing else against him.

Marriage and Divorce •Divorce Between Jews

ewish law regards Israel favourably as regards to the Diaspora as a place of residence.A spouse’s desire to leave Israel may be a sufficient ground for divorce if their refusal to live here is unjustifiable.

A rabbinical court decides on the matter given the circumstances of the particular case . During different periods of history it has been held that refusal to make “aliyah” (immigration to Israel) has been justifiable where the journey was particularly difficult or dangerous.

Can a woman divorce her husband who is emotionally disturbed ?

Marriage and Divorce •Divorce Between Jews

Where there is doubt about a husband’s emotional state and his legal capacity, the wife must wait for the ‘all clear’ regarding his ability to attend a divorce hearing. In 1998 Rehovot District Rabbinical Court decided not to set a date for a divorce hearing until medical reports were received showing an improvement in the husband’s mental state. It said it should be expressly stated that he was able to “stand trial”, as earlier it had been said that he did not to understand the divorce process .