Question 1

How are assets divided after a very long marriage in Israel?

Accepted Answer

In a long marriage, the principle of equalization of resources (izun mashab'im) applies to assets accumulated during the marriage — the family home, savings, pensions, and investments. The longer the marriage, the more the parties' financial lives have become intertwined. The split is generally equal, though each party may retain pre-marital assets. A prenuptial agreement, if any, governs instead.

Question 2

Is a spouse entitled to part of the other spouse's pension after a long marriage?

Accepted Answer

Yes. Pension rights accumulated during the marriage are marital property subject to equalization. For a 30-year marriage, a significant portion of both parties' pensions — occupational, NII, and savings funds — will be subject to division. The calculation is complex and usually requires an actuarial assessment. Early advice is essential.

Question 3

Is spousal maintenance (alimony) different when divorcing after a long marriage?

Accepted Answer

After a long marriage, courts are more likely to award ongoing spousal maintenance — particularly to a spouse who left the workforce to raise children or support the other spouse's career. The amount and duration depend on the age, health, earning capacity, and standard of living established during the marriage. For older spouses with limited earning capacity, lifetime maintenance is possible.

Question 4

How does the family home get divided after a long marriage?

Accepted Answer

The family home is usually the largest marital asset. After a long marriage, the court presumes it is joint property subject to equal division — unless one party can demonstrate it was funded by pre-marital or inherited assets. Options include: sale and division of proceeds, one party buying out the other, or deferred sale to allow a dependent spouse to remain in the home temporarily.

Question 5

Are adult children affected by late-life divorce?

Accepted Answer

Adult children are not subject to custody arrangements, but late-life divorce can affect family relationships and inheritance plans significantly. The divorce may require updating wills, beneficiary designations on pensions and insurance policies, and power of attorney documents. A comprehensive review of estate planning is advisable alongside the divorce process.

Question 6

Can a Get (religious divorce) be obtained if one spouse refuses?

Accepted Answer

In Israeli law, the Rabbinical Court has authority to compel a Get in certain circumstances — but refusal by a spouse (particularly a husband) remains a real problem. In long marriages where one party has leverage, the divorce proceedings can become very prolonged. Adv. Elmaliach advises on both civil and religious dimensions of the process.

Divorce After a Long Marriage in Israel

The Unique Challenges of Late-Life Divorce

Pension Division — the Critical Issue

Frequently Asked Questions

Considering Divorce After a Long Marriage?