question
About two years ago, I received large lump-sum compensation from the National Insurance Institute for a serious work accident, which I deposited into an account in my name only, which I opened specifically for this purpose. Two months ago, my wife went to the Rabbinical Court, filed a divorce suit including the property transferor. She requested to receive half of the compensation, claiming that I received it during the marriage. I intend to use it in the future, in order to receive appropriate medical treatment and buy myself expensive medical equipment. Is she indeed entitled to this?
answer
In the issue of distributing compensation received for bodily injury, the "precise" law states that the compensation is due only to you. However, the courts/tribunals usually examine the circumstances of each case on its own merits, and see what was done with the money and who it was used for, and how. However, according to the partial wording of your question, it can be estimated that in accordance with the Financial Relations Law, the court will rule that your wife is not entitled to these funds, since they were given to you only, and for the purpose of receiving medical treatment, and since you maintained a property separation in them.
question
I am 57 years old, married in 1980, and am in divorce proceedings in the Rabbinical Court.
At the beginning of our marriage, my husband served as a teacher, but over the years he advanced, and for the past twenty years he has served as a school principal, and within the framework of this position he is granted many social rights, but I do not know their scope.
I raised the children for the first 15 years of our marriage. After that, I started working as a secretary, a position I still hold today. I am given certain privileges, but not high ones.
We own a house in our names in equal shares, and have savings.
What part of the property should I receive?
answer
According to the Financial Relations Law applicable to you in light of the date of your marriage, all property you accumulated with your husband, from the date of marriage until the determining date - is joint, and is supposed to be divided in equal parts when dividing the property. There are exceptions to this in the law, such as inheritance or benefit money, which are not joint and are not supposed to be divided between you - which do not appear to exist in your case.
The determining day is a term that refers to the day from which property separation occurs. All property accumulated up to this date is joint, and what is accumulated from this date onwards remains the property of the party who accumulated it.
According to the data, you are entitled to half of the house, as well as half of the savings and social benefits accumulated during the marriage up to the determining date.
Also, each person is supposed to receive half of the social rights - including the pension that the spouse accumulated during the marriage until the determining date.
question
My husband and I have been going through divorce proceedings for some time. As part of these proceedings, we are disagreeing about covering certain debts. I claim that my husband has withdrawn funds from our checking account for expenses that are considered permissible, which we used to never spend - since we strictly controlled our spending, and now we have fallen into debt. Am I supposed to share in these debts?
answer
As a general rule, the Financial Relations Law states that spouses must jointly cover a debt incurred during the normal course of married life. This rule applies even if the expense is wasteful, as long as it can be said to have benefited the family.
This assumption can be rebutted, among other things, if you prove that your husband made unusual withdrawals for his own needs only, close to the separation, for the purpose of smuggling money, and contrary to the family's daily conduct.
Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.
• Questions for Attorney Uriel Dror at drorlawoffice2
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