Spousal Maintenance — Rights, Calculation and Legal Representation | Attorney Roziel Amir

What is Spousal Maintenance and Who is Entitled to It?

Spousal maintenance is a legal right granted to a woman upon divorce or during the period preceding it, as well as in the absence of the spouse from the home. It is a sum of money that the spouse is required to pay to the woman to cover her basic living expenses — food, housing, clothing, healthcare, and other essential necessities. The right to maintenance stems from the obligation of mutual support between spouses, which is a fundamental principle in Israeli family law.

A woman is entitled to maintenance under various conditions: during marriage when the spouse is required to pay, during the divorce proceedings (from the day the petition is filed), during court proceedings, and in the final ruling upon divorce itself. The duration of maintenance may be limited or indefinite, depending on the circumstances of the case, the woman's age, the length of the marriage, and the spouse's financial capacity.

Under Israeli family law, spousal maintenance is not dependent on the presence of children — these are two separate legal claims. A woman without children is entitled to maintenance just as a woman with children, as long as they are married or in divorce proceedings.

The Legal Basis for Spousal Maintenance in Israel

Spousal maintenance is regulated by the Marriage (Procedure) Law, 5733 (1973) and by case law developed through family court rulings. The central provision is Section 1 of the Marriage (Procedure) Law, which establishes that a spouse is obligated to provide support (maintenance) to his or her spouse as long as they are married and under certain conditions after divorce.

The family court considers certain criteria when determining the amount of maintenance: the spouse's income, the woman's expenses, the length of the marriage, the woman's age, her health status, her education, her ability to earn independently, and more. This is not a fixed formula, but rather an individual assessment of each case.

Types of Maintenance — Temporary and Permanent Maintenance

There are two main types of maintenance that are important to distinguish:

• Temporary maintenance — This is maintenance paid during divorce proceedings, from the day the petition is filed in court until the final ruling. Temporary maintenance is intended to support the woman's living expenses during the legal process, which may last months or years. This amount is calculated based on current data and may be modified according to changed circumstances.
• Permanent maintenance (final maintenance) — This is maintenance awarded in the final court ruling upon divorce, or in an agreement signed by the spouses. Permanent maintenance may be for a limited period (for example, until a certain age of the woman or for a number of years) or indefinitely, depending on the circumstances.

It is important to note that permanent maintenance may be subject to modification in the future if there are significant changes in circumstances — for example, loss of employment by the spouse, substantial increase in income, or changes in the woman's health status.

How is Spousal Maintenance Calculated?

The calculation of spousal maintenance is not based on a fixed formula or a fixed percentage of salary. On the contrary — the family court examines each case individually, taking into account many and in-depth factors. The main factors are:

• Spouse's income — gross income, net income, self-employment income, dividends, rent, and any other source of income. The court examines the spouse's income comprehensively.
• Woman's expenses — food, housing, electricity, water, telephone, healthcare, childcare, transportation, insurance, and the like. The woman must present a detailed list of her monthly expenses.
• Length of marriage — long marriages (15 years or more) generally lead to a higher maintenance amount, as the woman relied on the marriage as a stable source of income.
• Woman's age — an older woman may be entitled to higher maintenance or for a longer period, as it is difficult for her to enter the job market.
• Woman's earning capacity — the court examines her education, professional experience, health status, and her potential ability to earn independently. If the woman is employed, the court will take her income into account.
• The woman's contribution to the marriage — if the woman sacrificed her career to care for the home and children, this may work in her favor in calculating maintenance.
• Health status and work capacity — if the woman has health problems that prevent her from working, this may lead to a higher maintenance amount.

Generally, the amount of maintenance ranges from 15% to 50% of the spouse's income, but this depends entirely on the specific circumstances of the case. There is no legally defined "fixed range" — each case is unique.

Spousal Maintenance in Different Scenarios

Spousal maintenance appears in various legal contexts, each with its own dynamics:

Spousal Maintenance During Marriage

If a spouse refuses to support his wife or pays an insufficient amount, the wife can file a maintenance claim in court even while the marriage is ongoing. This is a way to enforce the mutual support obligation. Such a claim can be filed as a separate action, without the need for a divorce petition.

Spousal Maintenance During Divorce Proceedings

When a wife files for divorce, she can also claim temporary maintenance to be paid to her during the proceedings. The court determines a temporary amount at an early stage of the claim, which is paid until the final decision. This is essential because divorce proceedings can take considerable time, and the wife needs financial support during this period.

Spousal Maintenance After Divorce

In the final divorce decision, the court determines fixed (final) maintenance for the wife. This amount may be for a limited period (for example, 5 years or until the wife reaches age 65) or indefinitely, depending on the circumstances. Fixed maintenance may be subject to modification in the future if material changes occur.

Spousal Maintenance in the Absence of a Spouse

If a spouse is absent from the home without notice and refuses to provide support, the wife is entitled to maintenance even without a divorce petition. She can file a maintenance claim in court, and this will serve as a basis for changing her legal status in the future (including constructive divorce).

Spousal Maintenance in a Divorce Agreement

If the spouses reach an agreement, they can determine the maintenance amount themselves. The agreement must be fair and not prejudice the rights of either party. The court must approve the agreement, and if it suspects the agreement is unfair, it may reject it and require renegotiation.

Scenario Comparison — Typical Alimony Amounts

Below is a table presenting examples of typical alimony amounts in various scenarios. It is important to remember that these are examples only, and the actual amount depends entirely on the specific circumstances of each case:

Important Note: The table above is for illustration purposes only. Actual alimony amounts may be significantly higher or lower, depending on the specific data of the case, including the woman's expenses, health status, and her ability to earn independently.

Additional Rights Related to Spousal Maintenance

Spousal maintenance does not operate in a vacuum — it is connected to other legal rights in divorce:

Property Division and Financial Rights

Spousal maintenance is a separate right from property division in divorce. While maintenance is monthly financial support, property division concerns assets accumulated during marriage (apartment, car, savings, investments, etc.). Both are equally important and are calculated separately.

Child Maintenance

If the spouses have children, child maintenance must also be handled separately. Child maintenance is calculated according to a fixed formula in law (usually a percentage of the obligated parent's income), while spousal maintenance is calculated according to the court's discretion.

Special Expenses (Children, Health, Education)

In addition to basic maintenance, the court may impose on the spouse payment of special expenses — such as medical treatment, education, or psychological therapy. These expenses can be in addition to monthly maintenance payments.

Health Insurance and Life Insurance

In a divorce decision, the court may order the spouse to continue paying health insurance for the woman, or impose on him an obligation to maintain life insurance as security for maintenance payment.