Court Rules on Couples Remarrying After Divorce, Setting Financial Precedents

A recent ruling by the Family Court in Kiryat Shmona has established clear guidelines for couples who divorce, reconcile, and then remarry, particularly concerning financial arrangements and child support. The case involved a couple who divorced in 2020, only to reunite and remarry shortly thereafter. They subsequently had two children, but the relationship deteriorated again, leading to accusations of violence and the wife seeking refuge in a battered women's shelter.

The court addressed three main claims: child support, asset division, and usage fees for their shared home. Regarding child support, the court applied Jewish law, stipulating that the father is solely responsible for essential needs until age six, after which both parents share the burden based on their income and custody time. The father, a self-employed business owner with an estimated net income of NIS 15,000 per month, was ordered to pay NIS 1,016 to NIS 1,193 monthly for the children until age six, and reduced amounts thereafter, plus NIS 1,960 for housing.

The court distinguished between the business itself and its income. The business and its goodwill were deemed an external asset belonging solely to the husband, as the wife did not prove significant involvement in its management. However, the business's income generated during the marriage was considered marital property, subject to division, as it was used for family expenses and building the shared home. Similarly, debts incurred during the marriage were to be shared equally, despite the wife's claims of suspicious cash withdrawals and income concealment, which the court found lacked sufficient evidence.

The court rejected the wife's argument that the original 2020 divorce agreement remained valid during the second marriage, stating that a divorce agreement terminates a relationship and cannot govern a new cohabitation. Upon resuming their shared life, a new period of cohabitation began, governed by default marital property laws. Drafts of a new agreement, never signed or court-approved, were also deemed invalid.

Finally, the husband was ordered to pay the wife NIS 58,500 for her share of the marital home usage and unpaid mortgage, along with NIS 9,416 for property taxes she paid. In total, the husband owes the wife NIS 235,785, while the wife owes the husband NIS 38,140. Both parties will bear their own legal costs.