Can a wife lose out if she files a maintenance plea against her husband at the family court to safeguard her interests, but waits quite a time before serving it on him, incase their relationship improves and her husband decides not to fill for divorce at the rabbinical court ?
By: דיאנה שאלתיאל•Published on: 03 May, 2022Yes, possibly she could lose ‘jurisdiction’ at the family court over maintenance on the grounds of ‘bad faith’. Where both parties are Jewish, for the family court to gain jurisdiction over her maintenance the wife must file for it there before the husband files for divorce at the rabbinical court and binds his wife’s financial support to his plea. If she files first at the family court but waits too long and only serves the plea on him after he reveals his cards and files for divorce at the rabbinical court, and ties her maintenance and property matters to the plea, then this could backfire.