Demanded 80% of property in divorce: "My husband is a money-making machine"
After more than 40 years of marriage, an ultra-Orthodox woman accused her spouse of financial abuse, an affair funded by joint assets, and hiding assets. However, the court rejected her demands.
The Family Court in Tel Aviv recently ruled against a woman in the process of divorce after more than four decades of marriage, who demanded to receive 80% of the family property. The couple married in 1977 and led an ultra-Orthodox lifestyle. In April 2023, the husband was removed from the apartment by the police and did not return. A request filed by the woman for a protection order was subsequently rejected, with reference to an attempt to gain an unfair advantage.
In a lawsuit filed, the husband requested to balance the property accumulated during the marriage, sell the apartment, and charge his wife for usage fees. He claimed he was the sole breadwinner, while she was a housewife. He also requested to exclude from the balance an inheritance of more than one million shekels he received from his mother. On the other hand, the woman requested an unequal division. According to her, her husband is a "money-making machine" earning tens of thousands of shekels a month from a thriving business, while she has no means of subsistence. Furthermore, she added, he siphoned off funds and assets, hid income, and conducted an affair funded by household money.
The woman described ongoing verbal, mental, and physical abuse by her spouse. According to her, he also exercised financial abuse against her, controlled the family budget, and took over her old-age pension and income support allowance. An expert appointed by the court determined that the husband's business profits in 2020–2022 were less than 100,000 shekels per year. Due to his age (about 70), the nature of the industry, and the casual clients, no goodwill was attributed to the business. The value of the residential apartment was estimated at 2.5 million shekels, and the appropriate usage fee at 6,050 shekels per month.
Judge Lauren Akoka determined that the woman did not point to any concession she made during the marriage to allow her husband to develop professionally at her expense. Her staying at home, it was ruled, was a personal choice that does not justify an unequal division. In addition, the woman did not present evidence of income beyond that reported by her husband, and the claim of financial abuse was also rejected. It was determined that her familiarity with assets, accounts, and rights is inconsistent with her claim that she was excluded from financial management. It was further determined that the woman sought to appropriate for herself property that is not subject to balancing, including inheritance funds, in order to transfer them to the children. According to the judge, her demand would have stripped the husband of all joint assets and effectively resulted in a 100% distribution in her favor.
Ultimately, the judge ordered a bidding process between the parties, and if this is not completed within 45 days – the apartment will be sold on the open market. The proceeds will be divided equally. The woman was ordered to pay half of the usage fees, 3,025 shekels per month, from April 18, 2023, until actual evacuation, as well as costs of 35,000 shekels. The collection of usage fees was conditioned on the husband completing the court fee payment.
