What effect could leaving the marital home have for a wife in proceedings against her husband for financial support, at the family and not the rabbinical court ?
By: דיאנה שאלתיאל•Published on: 23 June, 2022If a wife leaves the family home, without legal grounds/justification, then she is likely to lose her right under Jewish law to maintenance from her husband, even if she filed for it at the family court, and not the rabbinical court. However, it is sufficient for her to show verbal violence that prevents “peaceful accommodation” i.e. endless rows for her to justify leaving the marital home .
Incidentally, if the children leave the marital home with her, their right to maintenance from their father under Jewish law is totally unconnected with whether their mother’s behaviour was justified or not. They are entitled to maintenance from their father whether the mother was justified or not in leaving the marital home.