I am filing my husband for maintenance. We are both Jewish. Can I include the legal costs involved in bringing the case in what I claim and am I likely to succeed in getting them ?By: דיאנה שאלתיאל•Published on: 16 May, 2022
According to Jewish law a husband must pay his wife maintenance and cover all her real needs. The crucial question is whether the costs involved in filing him for maintenance are included in his obligation. The Supreme Court has held that is a question of the husband’s personal law. Regarding Jews, where the maintenance plea was filed in connection with her genuine needs then the husband should reimburse her for the legal costs involving in bringing the action i.e. the lawyer’s fee and the court fees. In the particular case, the woman had paid these out first and then included them in her maintenance claim.