Rabbinical Court Rules Husbands Must Support Wives Until Divorce Terms Are Settled

A recent ruling by the Rabbinical High Court in Jerusalem established a key precedent in family law, affirming that a husband seeking a divorce remains obligated to provide financial support, including housing, to his wife until all divorce matters such as the ketubah (marriage contract) and compensation are fully resolved. The case involved a prolonged and complex divorce proceeding where the husband attempted to avoid paying for his wife's housing despite the court previously agreeing in principle to grant the divorce.

Attorney and rabbinical advocate Moshe Leibovitz led the appeal after a regional Rabbinical Court in Petah Tikva rejected the wife's request to compel her husband to pay rent for her apartment. The lower court had ruled against her based on a mistaken interpretation that no support was due before the divorce was finalized and suspicion that the rental agreement with her brother was fictitious.

Leibovitz systematically dismantled the husband's claims, which included accusations of hidden income by the wife and character attacks labeling her as manipulative and refusing to accept the divorce. The High Court fully accepted Leibovitz's arguments, sharply criticizing the husband's legal defense for inappropriate language and reaffirming the wife's right to refuse a divorce at this stage.

The court clarified that the husband's obligation to support his wife is unconditional and not dependent on his willingness to divorce. It also ruled that the wife's residence in a relative's apartment does not exempt the husband from paying support. Practically, the husband was ordered to pay 3,800 shekels monthly retroactively from the date of the rental agreement.

Leibovitz emphasized that this ruling enshrines a fundamental legal principle protecting spouses' rights during divorce proceedings and demonstrates the need for creative legal strategies in complex family law cases. His office stated their commitment to vigorously defending clients' rights throughout divorce processes to secure their financial and personal futures.