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Pensions and Other Benefits

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If a wife gets maintenance from her husband will this be affected by anything due to her from his pension ?

Property Rights Pensions and Other Benefits

There is a connection between what a wife can get in the way of maintenance and work-related benefits from her husband. For example, where a husband gets a pension the amount of maintenance he pays his wife takes into account his income that derives from his pension.

I get maintenance from my husband. He has finished working for a company after many years of service. I know I am entitled to some of the compensation he is due to get. Will it affect the maintenance I receive now ?

Property Rights Pensions and Other Benefits
No. Maintenance is unaffected by a wife’s right to half of the compensation her husband is due to receive for the period they lived together as a married couple. This is in contrast with monthly pension payments which clash with monthly maintenance payments. Here a wife must choose which of the two she wants to receive.

 

Are tax refunds joint property ?

Property Rights Pensions and Other Benefits

They can be ! In a case decided by Kfar Saba Family Court some years ago, involving a couple who had been married for many years, it was specifically mentioned that tax credits given to a couple are joint property, so long as partnership in property still exists. It does not matter for what reason the tax credit is given. Furthermore, it was held that if a tax credit is received after they split up – and their property partnership between them has ended – the tax credit or refund is still marital property if it relates to the period when they were still partners in property ownership. Accordingly, each party would be entitled to an equal share of the tax fund. Regarding tax refunds related to the period after partnership in property ended, these are not joint, even if the parties remain officially married, though separated, and remain the property of the particular individual.

Is my husband entitled to a share in my monthly payments I receive from the German government for what I suffered during the Holocaust , if we split up/divorce ?

Property Rights Pensions and Other Benefits

No, these special payments (dubbed ‘renta’) are personal and not joint property, and would remain solely yours if there is a division of marital property.

Both my husband and I have life insurance policies in which we are each listed as the sole beneficiary in each other’s policy. Our marriage is being stretched to its limits. I do not want to divorce but my husband is not sure, and meanwhile will not give up his lover. A friend worried me by saying that he could have crossed me off as the beneficiary and put his lover’s name instead. He has a heart condition and I do not want to pressurise him by asking him – but is this possible ?

Property Rights Pensions and Other Benefits
Yes. A person making a life insurance policy is free to name the beneficiary they wish to get the proceeds should they die- and is at liberty to change the beneficiary listed. Thus a husband can cross out his wife as a beneficiary and substitute her with his lover and/or his children , for example , instead without anyone knowing. Just as the husband may do this his wife is also at liberty to do the same.

 

 

 

I was left a young widow when my husband was killed in the First Lebanese war. I remarried after a few years and lost my war widow’s benefit . I am now in the process of divorcing my husband. Will I be entitled to anything from the army again ?

Property Rights Pensions and Other Benefits

Yes. According to the Fallen Soldier’s Family (Benefits & Rehabilitation) Act of 1950 a widow who remarries but then divorces is entitled to receive the benefit she had before she married once again.

My husband was killed while fighting in the First Lebanese war. I receive a special widow’s benefit from the army because of this. If I remarry will I lose the benefit ?

Property Rights Pensions and Other Benefits
Yes. According to the Perished Soldier’s Family (Benefits & Rehabilitation) Act of 1950 a widow who receives a benefit under the act will lose it on remarriage. Her right to benefits for her orphaned children will not be lost.

 

Is money a spouse gets as part of an early retirement deal joint property to be shared with the other spouse ?

Property Rights Pensions and Other Benefits

Not according to Beersheva Family Court which held that monthly payments that a husband received until he reached retirement age as part of an early retirement agreement were not joint property to be shared with his wife.

Does a woman who lives with a married man in the process of divorce, without any agreement between them, and subsequently marries him, have a right to work-related benefits he accrued during the time they cohabited ?

Property Rights Pensions and Other Benefits

Only if she can prove there was an intention for a partnership in property during the years they cohabited. Cohabitation itself is insufficient.

My husband and I are divorcing. He has hardly taken holiday from work over the last few years and I know he was thinking of getting a sizeable amount of money for this instead and leaving the company to set up his own business . If we divorce, am I entitled to any of this ?

Property Rights Pensions and Other Benefits

Yes ! Employment – related benefits either spouse has from their work are regarded as marital or joint property. Untaken holiday is a marital asset along with the more familiar ones like pension rights and redundancy pay. In principle a wife is entitled to half of the equivalent, updated value of accumulated untaken holiday relating to the period they lived together as a married couple.

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