Court Rules Joint Property Division for Divorced Lawyers
A Tel Aviv family court has largely rejected a woman's claim to exclude apartments and land registered in her name from property division with her ex-husband. Judge Segalit Ofek ruled that in the absence of a prenuptial agreement and given the couple's conduct indicating shared finances, the woman failed to prove her claim of separate property. The former couple, both lawyers, divorced approximately five years ago, agreeing on March 2019 as the date of separation. They jointly owned two apartments in central Israel and several other properties registered separately: an apartment in Givatayim and land in two other cities belonging to the woman, and an office in Tel Aviv belonging to the man.
The woman argued that despite not signing a prenup, their understanding from the start of the marriage was that each spouse's income and assets acquired through it were their own. She claimed this separation evolved from 'weakened' to 'absolute and final' by the time of their split. She also asserted she solely bore the costs of raising children and managing the household, while her husband did not contribute financially to the family's advancement.
The ex-husband insisted no such separation existed, stating they lived jointly and that his ex-wife was artificially creating a separation after his income decreased. He sought to include all assets accumulated during the marriage in the division, specifically the lands in his ex-wife's name, her Tel Aviv office, and their pension and social rights.
Judge Ofek determined the woman did not meet the significant burden of proof for property separation without a prenup. She cited the couple's behavior, including joint accounts, shared expenses, joint property purchases, and mutual financial support for their children, as inconsistent with her claim. The court noted that separate bank accounts alone do not signify separation, as funds were used for joint needs and assets. The judge also considered that both parties are lawyers and never formalized a prenup.
The court found issues with the woman's account of some assets. Her claim that land was held in trust for another lawyer was dismissed, as was her assertion that another parcel was purchased with a gift from her father. The only asset excluded was the Givatayim apartment, which the woman inherited a third of from her father and received the full apartment in its distribution. The husband's claim that the remaining two-thirds were purchased from her brother using joint funds lacked sufficient evidence.
Ultimately, all property accumulated from the marriage until the separation date, including the lands, office, and pension rights, but excluding the Givatayim apartment, was deemed jointly owned equally. The husband was ordered to pay his ex-wife NIS 2,600 per month for her use of a joint apartment for about a year post-divorce. The woman was ordered to pay him NIS 40,000 in legal expenses.
