Payment of child support to be made public – when?
Not everyone knows, but in our small country there are quite a few women who are not married, but are known in public to their partners.
In the event of separation from their spouse, are these women entitled to alimony payments just like married women after a divorce procedure? Divorce formal?
An interesting question with a complex answer…
A common-law wife is someone who maintains a married life and manages a joint household without marriage according to the Mosaic Law in Israel.
Sometimes the choice of the status of a well-known person stems from ideological, economic, and principled considerations, and sometimes due to her being a waste of marriage by Rabbinate refuses to marry her to her partner for halakhic reasons, or is a woman who is known to be living with a man who is still married and cannot marry a second wife at the same time.
The relationship of a well-known person is conducted like any other family for all intents and purposes. Children from previous marriages and relationships or joint children born during the relationship enter the relationship. The couple accumulate assets, save together, raise the children, and life goes on as usual until the family unit breaks up, as happens to a third of couples in Israel.
Publicly known Claiming from her spouse for support for her and her children The common ones. Is she indeed entitled to this?
The law and case law regarding the payment of alimony
According to Section 2 of the Family Law Amendment (Alimony) Law, the right to alimony arises from personal law. A woman married under Jewish religious law is entitled to alimony. A spouse living with a publicly known person is not required by law to pay her alimony in the event of separation.
However, the Supreme Court ruling that led to In recognition of the special status of public figures, establishes the right of a publicly known person to receive alimony by virtue of an agreement concluded between her and her spouse, without connection or dependence on personal law.
The agreement can be explicit or even an implied agreement (implied agreement) whose content varies depending on the couple’s life circumstances.
In an article written by Attorney Amnon Ben Dror in 1993, it was argued that common-law spouses are spouses who were not legally married, but with regard to certain duties and rights, they have been recognized in many laws and a number of common principles have been formulated that are accepted in case law that should teach us about the nature of this legal institution.
Honorable President Barak wrote in one of his rulings (A.A. 805/82 Versano v. Cohen) Regarding the payment of alimony, it is publicly known that alimony is intended to allow the abandoned spouse to adapt to the situation and to enable him to support himself.
Alimony is provided for a reasonable period near the date of separation, and not for life, in order to regulate life after separation, that is, so that the abandoned spouse can integrate into the workforce and support himself.
In the bag TAMSH 28593/06 D.H.N. T.A. It was ruled that the rights of public figures are not regulated by legislation, and therefore, in the absence of a law regulating the entirety of the rights and obligations between “public figures,” one must turn to the contractual realm.
In the absence of an express contract, it is the cohabitation that creates an agreement and grounds for claiming spousal support under contract law, i.e. the obligation not to neglect the spouse.
also Prof. Shahar Lipshitz He wrote in his book, “Publicly Known Persons in the Light of the Civil Theory of Family Law,” that the alimony model based on case law dealing with publically known persons is consistent with the model of restorative alimony. In the few cases in which alimony was actually awarded to publically known persons, the duration of the alimony was usually limited by the courts to a relatively short period.
Restorative alimony, as the ruling shows, is awarded to the wife for a fixed period and according to the circumstances of the case, such as the financial situation of the couple and a new relationship with other spouses. There are cases where the courts will award restorative alimony in the form of a one-time monetary payment, which gives a final seal to the separation.
From the relevant legal review, it can be concluded that a spouse can be required to pay alimony publicly after a separation, based on the rules and principles of good faith, honesty, and justice, and also, of course, through an express or implied agreement.
The spirit of the relevant ruling indicates that even if no agreement was made for cohabitation between the couple and life circumstances led to an inevitable separation, the woman, as known to the public, is entitled to alimony from her partner who undertook, through the cohabitation relationship, to support her and provide for her needs.
The liability to pay alimony does not arise in this case from personal law, but rather from the couple’s intentions for a life of sharing, love, mutual concern, and shared destiny within the framework of managing a shared household.
The payment of alimony finds its tangible expression in the payment for housing, clothing, footwear, car expenses, and all the ongoing expenses for the proper and standard management of my publicly known life.
According to Israeli law, there is a difference between alimony liability while the debtor is alive and after his death. According to the Inheritance Law, a person known to the public is granted the right to alimony from the estate. The proportional division of the estate will be carried out according to the laws of inheritance and the relevant rulings.
If the spouse of a public figure dies as a result of an accident (road/work), she is entitled to compensation for damages. The Torts Ordinance will recognize her as a dependent of the deceased, entitled to benefit from the damages awarded to her in accordance with the customary principles of compensation.
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