Family Lawspace Spousal Maintenance


Unlike children`s maintenance claims, claims relating to a wife`s maintenance may be filed in either the Family Court or in the Rabbinical Court. The husband`s obligation to support his wife is rooted in Jewish Law. The obligation exists throughout the marriage and applies to shelter, food, clothing, cosmetics, medical treatments, etc. The payment is in order to let the wife keep her accustomed standard of living during the time which the couple was together. If the wife leaves the common house and her reason was not deemed justified then her right to maintenance is terminated. If the husband leaves the common house then his wife`s right to maintenance is not terminated when he leaves the house but only when the sides divorce. If the wife refuses to accept a divorce solely to continue receiving maintenance payments then the court can terminate the maintenance.
It should be noted that certain actions of the woman may cause her to lose her right to maintenance. Examples of such actions are cheating on of her husband, leaving the house, refusing to have relations with him, etc.
A woman who earns a livelihood is not entitled to maintenance from her husband provided that her salary exceeds her needs.
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