After a long dispute with my wife, I left home. We have no children. My wife filed me for maintenance and won, although the court took into account the fact that as a university lecturer she has a relatively high salary. My wife has recently stopped work and I know she plans to return to the States where she grew up. This week she filed me for an increase in her maintenance. Can her desire to live abroad influence her right to maintenance?By: דיאנה שאלתיאל•Published on: 16 May, 2022
An intention to live abroad permanently does not, in itself, deprive a wife of her right to maintenance. On the other hand it does not reduce her earning potential, and that is the main test the court uses to determine the level of maintenance it will set for a wife. The court will take into account the circumstances for the wife stopping work – whether she was fired, or handed in her notice- and whether she is entitled to unemployment benefit when it sets a sum.