Temporary Alimony in Israel | Attorney Roziel Amir

What is Temporary Alimony?

Temporary alimony is a sum of money determined by the court or by agreement of the parties, paid from one party to another during the legal proceedings in a divorce or other family law proceedings. Unlike permanent alimony, which is determined after the conclusion of the proceedings, temporary alimony serves as a "bridge alimony" during the transition period, ensuring the family's ability to support itself until the legal proceedings are concluded.

Temporary alimony may be child support, spousal alimony (in the case of divorce), or a combination of both. They constitute an essential legal tool for maintaining the family's economic stability while legal disputes remain unresolved.

When is Temporary Alimony Requested?

Temporary alimony is filed at an early stage of legal proceedings, often before a divorce petition or formal family law claim is filed. Generally, it is requested by the economically weaker party (often the wife or the parent who cared for the children) to ensure daily subsistence during the proceedings. The Family Court may order temporary alimony even before the other party's response is formally filed.

Difference Between Temporary and Permanent Alimony

The material difference between temporary alimony and permanent alimony lies in their timing and procedure. Temporary alimony is ordered by a preliminary court order at an early stage of the proceedings, while permanent alimony is determined in a final judgment or in a divorce agreement approved by the court. Temporary alimony typically ends with the conclusion of the proceedings and is replaced by permanent alimony determined in the judgment.

Who is Entitled to Temporary Alimony?

Entitlement to temporary alimony depends on proving financial need and demonstrating the other party's ability to pay. Generally, entitlement is determined in accordance with Israeli family law, particularly the Divorce Agreements Law, 5742 (1982), and the Children's Rights Law, 5751 (1991).

Child Support

Every child whose parents are in divorce or separation proceedings is entitled to alimony, regardless of the requesting parent's employment or income. The purpose is to ensure the child does not suffer from the financial effects of the legal proceedings. The court will consider the child's needs, their standard of living prior to the proceedings, and the parent's ability to pay. Child support is typically paid by the parent who is not the primary custodian or with whom the child does not reside.

Spousal Alimony

A spouse (primarily in divorce cases) may be entitled to temporary alimony if they can prove financial need and that the other party has the financial capacity to pay. This entitlement depends on factors such as the length of marriage, shared household responsibilities, and contribution to the other party's education or career advancement. Generally, the longer the marriage, the greater the likelihood of proving need and capacity.

Additional Considerations for Entitlement

• Financial situation of the applicant: Review of income, monthly expenses, assets, and housing.
• Financial situation of the obligor: Review of income, earning capacity, existing expenses (including prior child support obligations), and other liabilities.
• Length of marriage or relationship: A longer marriage may justify temporary alimony for a spouse.
• Contribution to joint life: If one party dedicated time to childcare or household management, this may affect entitlement.

How to File a Request for Temporary Alimony?

Filing a request for temporary alimony is a legal process that requires careful preparation and complete documentation. This process begins with submitting a request to the Family Court and requires the presentation of strong financial evidence.

Step 1: Preparation of Financial Documentation

Before filing the request, you must prepare complete documentation of the financial situation of both parties. This includes: salary reports from the last year, tax statements (Form 106), employer certification, bank statements from recent years, a detailed list of monthly expenses, a list of assets and liabilities, and any other relevant documents. The more complete the documentation, the greater the likelihood of obtaining a favorable decision from the court.

Step 2: Filing the Request with the Court

The request for issuance of a temporary alimony order is submitted to the Family Court in a standard form. This request must include: the names and identification numbers of the parties, the requested amount (if an assessment exists), the reasons for the amount, all financial documentation, and a description of the need. This request may be part of a broader divorce claim or may be an independent request at an early stage of the proceedings.

Step 3: Notice to the Other Party and Right to Be Heard

After filing the request, the court will send a notice to the other party so they can respond. The other party has the right to be heard, meaning to present their position, submit evidence against the request, and argue that they cannot pay the requested amount. Typically, there is a period of approximately 14 to 21 days to file a response.

Step 4: Court Hearing

If no agreement is reached between the parties, the court will schedule a hearing. In this hearing, both parties will be able to present their arguments, submit evidence, and question each other. The court may issue a temporary alimony order based on the evidence presented at the hearing. Often, this initial hearing may be relatively brief, as it concerns a temporary order only.

Step 5: Obtaining and Enforcing the Order

After the court issues a temporary alimony order, the obligor must begin paying the set amount within a specified timeframe (usually within 10-30 days). If the obligor fails to pay, a request for enforcement of the order may be filed, which may lead to more serious legal measures such as execution or an update to the defendant's credit file.

How is the Amount of Temporary Alimony Determined?

The amount of temporary alimony is not defined by law as a fixed amount or rigid formula. Instead, the court uses its discretion while considering multiple factors. Generally, the court begins by assessing the applicant's needs (i.e., how much money he or she needs to live appropriately) and then examines the obligor's ability to pay this amount.

Factors Affecting the Amount of Alimony

• Applicant's needs: How much money is required to maintain a reasonable standard of living? This includes housing, food, transportation, telephone, electricity, and other basic necessities.
• Children's needs (if applicable): How much does it cost to raise a child? This includes school, medical care, extracurricular activities, clothing, and other necessities.
• Obligor's income: How much does the obligor earn? The court will examine income from employment, investments, income-generating assets, and any other source of income.
• Obligor's existing expenses: If the obligor has other financial obligations (such as a mortgage, alimony for previous children, or medical expenses), this may reduce his ability to pay.
• Standard of living prior to the proceedings: The court will consider the standard of living the family enjoyed before the proceedings and will attempt to maintain a similar level to the extent possible.
• Duration of marriage: A longer marriage may justify a higher amount of alimony.
• Contribution to the joint life: If one party dedicated time to childcare or housework, this may affect the amount.

Typical Ranges of Temporary Alimony

There is no fixed amount for all circumstances, but temporary alimony for children typically ranges from approximately 500 to 3,000 new shekels per child per month, depending on the factors listed above. Alimony for a spouse may be in a similar or higher range, depending on the circumstances. In any case, the court will strive to set an amount that is fair to both the applicant (to cover needs) and the obligor (so that the burden is not excessive).

Role of Economic Assessment

It is often advisable to present an economic assessment of monthly needs. This can be a detailed list of all monthly expenses, divided into categories (housing, food, electricity, telephone, insurance, education, etc.). This assessment helps the court understand the need clearly and concretely, and increases the likelihood of obtaining a higher amount.

When Does Temporary Alimony End?

Temporary alimony is, as its name suggests, temporary. It does not last forever, but typically until the end of the legal proceedings or until a change in circumstances occurs. It is important to understand when temporary alimony terminates so you can plan your financial budget accordingly.

Termination Due to Conclusion of Legal Proceedings

The most common end of temporary alimony is when the court issues a final judgment in the divorce or family law proceedings. In the judgment, the court determines permanent alimony (if entitlement exists), which replaces the temporary alimony. Temporary alimony typically terminates on the date the judgment is issued or on the date specified in the judgment.

Termination Due to Agreement Between Parties

If the parties reach an agreement before the end of the proceedings, they can agree to terminate temporary alimony and establish new terms. This agreement can include new permanent alimony, a lump-sum payment in exchange for terminating alimony, or any other arrangement the parties agree upon. Typically, this agreement must be approved by the court to be valid.

Changes in Circumstances

If circumstances change significantly during the proceedings (such as job loss, serious illness, or a substantial change in income), either party can file a request to modify or terminate temporary alimony. The court will examine the new circumstances and may modify the alimony amount or even terminate it if the circumstances warrant it.

Temporary Alimony for Children — Termination Date

Temporary alimony for children typically terminates when the child reaches the age of majority (usually 18 years old) or when the child completes secondary education (usually until age 20-21). However, if the child continues higher education, the court may order the continuation of alimony until the completion of studies or until a certain age.

Professional Legal Advice on Temporary Alimony

Temporary alimony is an important legal tool designed to protect the economically weaker party during the period of legal proceedings. However, the process of obtaining a temporary alimony order requires careful preparation, complete documentation, and strong legal representation in court. At Attorney Roziel Amir's office, we specialize in family law and divorce proceedings in Israel and have extensive experience handling temporary alimony requests.

We understand that a difficult family situation is a time of anxiety and financial uncertainty. Therefore, we provide personalized and professional legal advice, tailored to your unique circumstances. We will help you prepare the required financial documentation, advocate for your rights in court, and ensure that you receive the fairest amount of temporary alimony.

If you need legal advice on temporary alimony, please contact our office today. We are here to help you.