Temporary Alimony: How Your Financial "Anchor" is Determined at the Start of Divorce

Temporary alimony is an urgent financial relief determined at the beginning of the divorce process. Its main purpose is to address the immediate financial needs of the children and the wife, ensuring continuity and financial stability until the final judgment in the case is rendered. The application is discussed within short schedules, and a decision is usually made within about 45 days of its submission.

Table of Contents:

• What does temporary child support include?
• Is it possible to receive temporary spousal support for a wife?
• What is the amount of temporary alimony?
• Can the amount of temporary alimony be changed?
• Application for temporary alimony: How to file?
• When can an application for temporary alimony be filed?
• Who is entitled to request temporary alimony?
• How can payment of temporary alimony be enforced?
• Temporary alimony after the completion of the procedure
• Where is it better to debate temporary alimony: The Rabbinical Court vs. the Family Court?
• Important Tips

Divorce proceedings take time, especially when there are no agreements between the parties and the decision rests with the Family Court or the Rabbinical Court. During the hearings of the divorce case and until its resolution, the children of the divorcing couple need funding for their needs, as children require shelter, education, medical services, clothing, and more—needs that are not put on hold during the legal process. To provide a solution for the children's needs during this period, one can request a temporary child support (alimony) relief from the court.

What does temporary child support include?

Child support payments are part of the parents' obligation to provide for their children's needs. As part of the divorce process, whether in the Rabbinical Court or the Family Court, the amount of child support to be paid for the minor over the coming years is determined based on various parameters such as the child's age, needs, the parents' income, and the division of custody times. Part of the child support relates to the payment for their place of residence (rent, property tax, electricity, etc.) and is called "Mador" (housing). It is clear to everyone that during the divorce proceedings, however long they may last, the children must continue to be supported, and therefore temporary child support can be requested for them.

Is it possible to receive temporary spousal support for a wife?

According to Jewish law and Sharia law, the husband must support his wife until the date of the divorce (Gett or a divorce decree). Since legal proceedings can take a long time, it is highly important to file an application for temporary spousal support. This relief is intended to provide the wife with an immediate source of subsistence and the maintenance of her standard of living. The right to spousal support is not absolute, and in certain cases, the wife's right to receive support payments will be denied entirely (for example, in cases of a rebellious wife), and there are cases where the court will set a low amount, if any, based on her income.

What is the amount of temporary alimony?

An application for temporary alimony is a motion submitted to the court, where the amount determined for payment is temporary until a final ruling by the relevant instance (or an agreement between the parties). Because it is temporary relief, the court does not dive deep into the thick of the case before it and determines the temporary alimony based on its impression of the standard of living to which the children were accustomed and according to the parents' income.

Within the main divorce lawsuit procedure, the court will thoroughly examine the circumstances of the case, the children's needs, and all the parameters to establish the permanent child support payments. Usually, temporary child support will be at a minimal rate of between 1,250-1,450 NIS per child, and can reach up to 3,000 NIS. Every case is different and depends on the specific circumstances. If there are extraordinary expenses such as special medical treatments, the court will determine the division of payment between the parents.

It is important to remember that the amount of support that will be ruled in the main file may differ from the amount ruled temporarily.

Can the amount of temporary alimony be changed?

It is important to know that a decision on temporary alimony is not final. An application to update the amount can be filed, whether it involves an alimony reduction or an increase in support, as long as a permanent judgment has not been rendered. Such a request is based on proving a significant 'change in circumstances' that occurred after the original decision was given, and requires presenting a new evidentiary basis before the judicial instance. For example, when there is a material change in the arrangement of custody times compared to the custody times that were practiced when the amount was set.

Application for temporary alimony: How to file?

A motion for temporary alimony relief is submitted within or during the divorce lawsuit. The applicant must support their motion with an affidavit, including a detailed specification of arguments, and provide the necessary documentation for this purpose. The court will decide if the respondent (the other party) must reply to the motion, and if so ordered, the respondent must submit their response within 14 days (unless the court rules otherwise).

When the court receives an application for temporary support relief, it can act in one of two ways:

• Decide on the motion without holding a hearing in the presence of the parties.
• Decide on the motion after a hearing in the presence of the parties. If it is determined that a hearing should be held, it will take place within 30 days at the latest from the submission of the respondent's reply.

It is important to note that establishing temporary alimony is one of the most influential stations in family law files. This decision is usually made at an early stage, but its impact can be long-term: it shapes the economic reality of the parties until a final judgment is rendered. Because of this, there is great importance in being accompanied by a lawyer specializing in family law from the very first moment.

When can an application for temporary alimony be filed?

A lawsuit for temporary alimony can be filed concurrently with filing the main case statement and also throughout the entire procedure. The law allows filing an urgent application for temporary alimony as an exception, even if the stay of proceedings period under the dispute resolution application has not yet ended.

Who is entitled to request temporary alimony?

Anyone who has filed a claim for support payments is entitled to file for temporary alimony relief.

How can payment of temporary alimony be enforced?

Temporary alimony is support payment for all intents and purposes. This means that if a person does not meet their obligation and does not pay the support, action can be taken against them to collect the debt—through the Enforcement and Collection Authority (Hutzaa Lefoal) or the National Insurance Institute (Bituach Leumi).

Temporary alimony after the completion of the procedure

After the court rules on the main file and decrees permanent support payments, the obligation is made retroactively from the date of the lawsuit. This means that if an excess amount was paid or a lower amount was paid via the temporary alimony, these are offset after the judgment is rendered.

It is important to note that the determination for the average monthly alimony payment does not rely on fixed tables, but on custom-tailoring a financial suit for each family.

Where is it better to debate temporary alimony: The Rabbinical Court vs. the Family Court?

The Rabbinical Court rules according to personal religious law, where the father bears most of the payment burden. However, when it comes to temporary alimony, in most cases, the Rabbinical Court decrees lower amounts than the Family Court. Although it does not rule for luxuries, the Family Court takes the cost of living into account and factors it into the calculation of temporary support.

Divorce Agreement and Temporary Alimony

An application for temporary support relief is submitted within the framework of a divorce lawsuit. Spouses who draft a divorce agreement do not need this relief, as they agree on the amount of permanent support, thereby saving considerable time (and money) in court. Either way, temporary alimony helps those who need to fulfill their children's needs throughout that legal process, since the tension between the parties does not always allow for an agreement on the various issues included in the divorce.

Important Tips

1. Submitting the application requires high accuracy in the data. It is recommended to search the web for a document of the type 'application for temporary alimony example' before the final drafting, to ensure that all components of the 'financial anchor'—such as housing, education, and current maintenance—are adequately represented.

2. While temporary alimony is meant to provide an immediate solution, it is important to remember that it sets the framework for the fundamental question that will accompany you for years to come: Until what age is child support paid and how will the final amount be determined? Therefore, to prevent establishing an incorrect financial 'anchor' that will be difficult to change later, there is great importance in the involvement of an experienced alimony lawyer in refining the evidence and building the right strategy for the temporary support.

The information in this article is general only and does not constitute a substitute for individual legal advice from a lawyer. Do not rely on what is written as a binding opinion, and before any legal action, it is mandatory to contact an expert family law attorney to examine the circumstances of the case and adjust personal advice.