Family Law — Jerusalem
Complete Guide to Divorce in Israel 2026
Step by Step
The divorce process in Israel involves two separate legal systems, multiple courts, and decisions that affect property, children, and finances for years to come. Adv. Liron Elmaliach guides clients through every stage — from first consultation to final agreement.
The Two-Track Divorce System in Israel
Israel operates a dual-court system for divorce that is unique in the world. Jewish couples who married through the Chief Rabbinate must obtain a get — a religious divorce bill — through the rabbinical court. This is a mandatory prerequisite for the marriage to be dissolved under Israeli law. Without it, even after all property and custody matters are settled, neither party can remarry.
Civil matters — property division, child custody, child support, and spousal alimony — may be adjudicated by either the rabbinical court or the civil family court, depending on which court first receives a claim. This creates a strategic opening known as kerikha (joinder): the spouse who files first in a particular court can influence which forum decides the civil issues. Choosing the right court at the right time is one of the most consequential early decisions in any divorce.
Timeline by type: An agreed divorce — where both parties have reached consensus on all issues — typically concludes in 3–6 months. A contested divorce, where parties litigate property, custody, or the get itself, realistically takes 2–4 years and in complex cases longer. The gap in both time and cost between these two tracks is enormous, which is why skilled negotiation and early settlement efforts are central to good family law representation.
Costs in an agreed divorce are manageable — legal fees, rabbinical court fees, and family court filing fees typically total a few thousand shekels per party. In a contested divorce, cumulative legal costs over years of litigation can reach tens of thousands of shekels per party or more. An experienced attorney will always explore settlement options before recommending full litigation.
Key Issues — Property, Children, and Alimony
Property division is governed by the Balance of Resources Law (1973). The law provides for financial equalization — each spouse is entitled to half the total net increase in both parties' assets accumulated during the marriage. Assets received by inheritance or gift during the marriage are generally excluded. The marital apartment, bank accounts, investments, and businesses are all included in the calculation. A valid prenuptial agreement can override these defaults and is enforceable in Israeli courts.
Pension rights are among the most significant assets in many divorces and are often overlooked. Pension funds, provident funds, and severance pay accumulated during the marriage are subject to the balance of resources calculation. Actuarial valuation and proper drafting of the pension-splitting order are essential to ensure enforcement.
Child custody and support are decided according to the best interests of the child — the overriding principle in Israeli family law. Shared custody arrangements are increasingly common and can take many forms. Child support is calculated based on each parent's income and the time the child spends with each parent, following the guidelines in the Doran Committee recommendations. Both parents bear a legal obligation to support minor children.
Spousal alimony (mezonot) under Israeli law is a complex area influenced by both religious law (halacha) and civil principles. In practice, courts today often apply a rehabilitative alimony approach — time-limited support designed to allow the economically weaker spouse to become self-sufficient — rather than open-ended maintenance. The duration and amount depend on the length of the marriage, the parties' earning capacities, the standard of living during marriage, and contribution to the family.
How an attorney adds value at every stage: early strategic advice on forum selection, negotiation of a comprehensive settlement that minimises litigation, precise drafting of agreements that are enforceable and tax-efficient, and vigorous advocacy in court when settlement is not possible. The decisions made in the first weeks of a divorce process often shape its entire trajectory.
Frequently Asked Questions — Divorce in Israel
Answers to the most common questions about the divorce process in Israel
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Adv. Liron Elmaliach — Family Law and Divorce