Wife alimony

When are alimony paid and how much?

In the divorce process, before receiving the divorce, the wife is entitled to receiving alimony. In biblical times, women were seen as the weak party who needed protection and to this day this Hebrew law is practiced. Originally these alimony were given to take care of a woman who would not be dependent on the whims of the husband, who alienates her and seeks the divorce. The husband is therefore obliged to pay, subject to agreements, alimony until the divorce is obtained when this process may be delayed for several long months. In today’s modern reality, however, circumstances can sometimes turn over. The great reward given as the wife’s alimony, creates a great temptation for divorcees to take malicious actions in order to gain them over a long time and unjustly.

Many women take artificial actions in order to convince the court that they are entitled to alimony, actions that could harm the husband’s pocket and the souls of the joint children.

Every year, the percentage of divorcees in Israel increases, and currently stands at 30% of all couples. The divorce process often involves legal battles that often become lengthy and tedious. Beyond the problem of property division, residence arrangements and child support, the courts face a weighty issue that many are unaware of: determining the wife’s alimony before granting her a divorce.

According to the law, the wife is entitled to alimony from her husband until the moment the divorce is obtained. The purpose of these alimony fees is to maintain her standard of living until her husband agrees to give her a divorce and she agrees to receive it. Therefore, a woman’s alimony is first and foremost a humane rule that aims to free the woman from complete dependence on her husband, who supports her, during their divorce proceedings.

But in modern reality, the wife often manages to support herself, and her salary can even be higher than her husband’s.

It is worth noting that not every woman’s demand for alimony is an unjust blackmail. On the contrary, in many cases it is an action that does save the wife from complete dependence on the husband. But when the wife takes various proceedings in order to inflate her potential alimony, and artificially extend the period during which she is entitled to them, the divorcing husband must show this to the court and reduce the burden imposed on him.

In cases where the wife is accustomed to a high standard of living, the alimony prescribed to her is very high, and thus in fact she has no real interest in stopping receiving them and agreeing to receive a divorce from her husband. The prolonged payment of the wife’s alimony, which sometimes costs thousands of shekels a month, creates severe financial pressure on the husband. This pressure may cause him to give up the unjustified demands of the woman, thus making the alimony an effective and cruel extortion device.

Alimony for the wife – how do you identify blackmail?

In order to expose improper motives in a woman’s alimony application, one must check whether her demands are in line with the spirit of Halakhah, that is, whether she really relies on her husband’s livelihood, and whether she is sincerely trying to shorten the divorce process, not stopping it unnecessarily. To examine this question she suggests examining several topics.

Does the woman make a living on her own?

According to Jewish law, a woman is exempt from bearing the family’s livelihood. But if a considerable part of the family’s income comes from her work, the husband may claim that she has had enough of her income, and therefore he does not have to support her. Even if the woman stopped working near the end of the couple’s relationship, this may be considered an unjustified demand for alimony. Also, if the wife has an extensive education and professional background that can allow her high earning, and she chooses not to go out to work, the husband can claim that she is not realizing her earning potential and therefore does not deserve full alimony.

Alimony – the meaning of living separately

When the wife lives separately from the husband she will in most cases receive alimony. Why? Since this fact proves beyond any doubt that the economic life of cohabitation between her and her husband is over. But a woman who engages in various provocations in an attempt to get her husband to leave their home, engages in a nasty and dangerous exercise. If her actions are exposed, the court may declare her a rebellious woman and deprive her of the alimony she expects.

Divorcing men who have suffered various actions by their wives in the past, avoid coming home for fear of additional provocations that may end in another night in custody. It should be remembered that the court treats a woman who has suffered violence by various standards, and rightly so. But if a woman blames her husband with false charges of violence, and this is not revealed to the court, she may automatically receive increased alimony. The same woman will also usually obtain compensation in the division of property for the suffering she allegedly went through, and the division of property in the divorce will not maintain the usual ratio of half and half. This compensation for the alleged violence of the husband, can reach considerable sums of money, and therefore the temptation to treat guilt on the husband increases.

Violence against women is a serious problem that justifies harsh and unequivocal measures against violent husbands says Adv Hagit Lev and adds, that false complaints also severely infringe on women’s rights, as law enforcement agencies may attribute a genuine complaint to a false complaint due to the proliferation of false complaints.

Delay in granting a divorce

It is estimated that 30% of women postpone granting a divorce to their husbands, even though the true numbers of divorce detainees are much lower. This is due to the length of the processes for registering a husband as a delayed divorce. The divorce usually depends on the consent of both parties, unless it is enforced by the court. If the woman withholds her consent to obtain a divorce for no apparent reason, she may be suspected of enjoying the situation and be declared a divorce refusing individual. Which would harm the woman’s alimony provided to her.

Increasing dependence on the common budget

In order to receive high alimony, the wife must prove that she enjoys a high standard of living, and that the separation from her husband does not allow her to continue with the standard of living to which she is accustomed. This rule may be abused. In order to prove that they enjoy a high standard of living, some women spread money and use the common account generously and willingly. It is important to note that in order to exit a joint bank account there must be the consent of both parties, which can be problematic in a divorce proceeding.

When the joint bank account is in overdraft, it cannot be closed, and the situation may lead to financial sanctions on the husband, and a mix of unsympathetic and dangerous debt collection entities.

It is important to document actions

Keep in mind that the law does not like, and rightly so, any manifestation of domestic violence, and many husbands are unaware that raising a voice, using threatening language, breaking objects and even hitting the table are considered by law to be acts of violence, for which he may spend a night in Abu Kabir. And be immediately removed from the home, and rightly so. Some women take advantage of this and provoke provocations that will lead the husband to lose control of his actions.

In any case of provocations, the husband should ignore, and even temporarily stay away from home. When husbands think they are being trapped, there is a recommendation to photograph and document what is happening so that they can later prove that the wife’s complaints are unjustified complaints.

Usually, the wife’s actions are preceded by implicit threats, and in these cases the husband must take immediate action. If the wife threatens for example: “I will complain about you, I will put you in jail”, the husband must prepare for the approaching provocations and start recording and documenting what is happening at home.

Do not leave the house

I advise the husband not to leave the family home, in order not to justify the wife’s claims that she needs someone to support her. The husband should keep in mind that getting out of the house has far-reaching implications. Beyond the fact that the husband will now have to finance different apartments, his and his wife’s, he allows her to win the house in the division of property, gives her control over the stay arrangements, and strengthens her application for increased alimony. Demonstrated low earnings – Most women in Israel earn less than men in their jobs, and most households in Israel rely on the husband’s salary. But often the statistics show otherwise. Sometimes the woman is the main breadwinner in the home, or at least has a high and respectable income. When the husband feels that the wife’s application for high alimony, Adv. Hagit Lev recommends that he’ll gather evidence of her earning potential. Letters of appreciation and recommendation from employers, certificates attesting to professional qualifications and pay slips are some of the evidence that may convince the court that a woman has sufficient means and income, that is, that she has actual or potential earning capacity..

Rights and obligations in the joint account

I recommend closing joint bank accounts when the relationship starts to deteriorate and when it is quite clear that the divorce is imminent. As mentioned, a shared account can become a smokescreen for many couples. When the account is balanced or has a positive balance, each spouse can ask the bank to close it. Therefore, it is customary for spouses who wish to continue to benefit from the joint account to try and stop its closure. The simplest way to do this is to put the account into heavy commitments by scattering checks .When the account is in debt it is impossible to close it. Even so, sometimes it is possible to bypass this serious problem. In case you suspect that the spouse is abusing the joint bank account, you can contact the bank and request that any expense from the account require the approval of the signature of both partners in the account. The bank will respect this requirement even if it only comes from one of the account owners.

If the attempt to block spending from the account encounters difficulties, and if your spouse scatter your checks to unsympathetic entities, I recommend raising funds from other sources and covering the overdraft, and then closing the account. The fact that you cover the debt in the account does not prove that you recognize the exception as a joint expense. It should be borne in mind that the debt coverage in the account can be included by any experienced divorce lawyer, in the claim for the division of property between the spouses.

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