Our home was sold as part of a division of our marital property and the proceeds were divided between my wife and I. She refuses to divorce. For the last two years I have been paying her maintenance according to a court judgment. After our home was sold she filed for an increase in her maintenance because of the need to rent an apartment and pay associated costs. I feel she got a considerable sum of money from the sale of our home and can afford to rent an apartment or make a down payment on the purchase of one. Is the court supposed to take into account money that my wife got from the sale of our home when it decides on her plea for increased maintenance?By: דיאנה שאלתיאל•Published on: 16 May, 2022
Yes! The Supreme Court has held that in principle a wife is entitled to alternative accommodation as part of her maintenance after the family home is sold, but her financial situation afterwards should be taken into account .