Israeli family law covers crucial aspects of personal life—divorce, child custody, financial support, property division, and estate planning—and often involves civil and religious legal systems. If you live in the U.S. or Canada and need legal help resolving family law issues in Israel, understanding these nuances can help protect your rights and your family’s well-being.

In our guide below, you will find clear explanations of how Israeli law approaches everyday family matters. Whether you’re facing questions about child custody, alimony, inheritance, or property disputes, having accurate information is the first step to finding practical solutions.

Should you require further guidance, the attorneys at Aharoni Law Firm are experienced in assisting individuals across North America—including New York, California, Florida, New Jersey, and Toronto—with personalized legal support for matters in Israel.

What Is Family Law in Israel?

Family law in Israel encompasses matters such as marriage, divorce, child custody, child support, property division, and inheritance. Uniquely, Israel has both religious and civil courts involved in family issues. The secular Family Court and the religious courts (such as Rabbinic Courts for Jewish couples) often work in parallel.

For example, religious courts have exclusive authority over marriage and divorce ceremonies (a Jewish divorce requires a Get document issued by the Rabbinic Court). At the same time, the Family Court typically handles civil matters, such as custody, support, and the division of assets.

This dual system means the applicable law can depend on which court hears the case – religious law in a Rabbinic Court versus civil law in a Family Court.

In practice, both court systems aim to uphold similar principles (such as fairness and the best interests of children), but outcomes can vary. It’s essential to have an Israeli lawyer handle these family matters, choosing the proper venue and navigating between the two systems if needed. Our firm’s team is well-versed in both civil and religious proceedings in Israel, ensuring you file in the right place and understand each step.

Child Custody and Visitation Rights in Israel

When it comes to child custody in Israel, the guiding principle is always the best interests of the child. Courts (whether civil or religious) will look at factors like the child’s age, their relationship with each parent, and their overall well-being. Often, a court-appointed social worker or psychologist may evaluate the family situation and recommend custody and visitation arrangements.

Custody vs. Guardianship

In Israeli law, there is a distinction between physical custody (with whom the child lives day-to-day) and guardianship (legal decision-making power over the child’s upbringing). Typically, both parents retain joint guardianship even if one parent is granted sole physical custody.

This means that major decisions about the child (education, healthcare, etc.) should be made by both parents together. The parent not living with the child (non-custodial parent) usually has visitation rights or scheduled parenting time to maintain a meaningful relationship with the child.

Joint vs. Sole Custody

Israeli courts are open to joint custody (where a child spends significant, roughly equal time with both parents) when it serves the child’s best interests. Joint physical custody works best if parents cooperate well and live relatively close to each other. It allows the child to grow up with both parents actively involved.

However, if cooperation is difficult or the child’s stability would suffer from shuttling between homes, the court may order sole custody to one parent, with the other parent receiving generous visitation rights. Even in sole custody cases, the non-custodial parent is encouraged to stay involved and can often enjoy weekends, holidays, or school vacations with the child.

“Tender Years” Presumption

One unique aspect of Israeli custody law has been the Tender Years Doctrine, which presumes that for very young children (generally under age 6), the mother is the preferred custodial parent.

In practice, this often means children under six stay primarily with their mother, unless there are compelling reasons otherwise. Fathers can and do obtain custody of young children in some instances, but they may need to provide strong evidence that it’s in the child’s best interest. (There have been recent public debates about amending this rule to be more gender-neutral, reflecting the evolving view that each parent is equally important. As of now, though, the under-6 presumption still formally exists, so it’s an essential consideration in planning a custody case.)

Visitation and Parenting Plans

When one parent has primary custody, the other is usually entitled to visitation (parenting time). Israeli courts encourage a schedule that maximizes the child’s time with the non-custodial parent in a routine that suits the child’s needs (for example, alternating weekends, mid-week visits, sharing holidays, etc.). The specifics can be agreed upon by the parents or set by the court if the parents cannot agree. The goal is to ensure the child maintains a close relationship with both parents safely and healthily.

If you’re a parent abroad worried about seeing your child in Israel, we can help facilitate workable visitation arrangements. We often assist clients in setting up travel plans or virtual contact so international parents can stay connected to their kids.

Alimony and Child Support Laws in Israel

Financial support is a key concern in any divorce. Israeli law approaches spousal support (alimony) and child support in ways that might differ from what you’re used to in the U.S. or Canada:

Spousal Support (Alimony)

In Israel, long-term alimony after divorce is not common. Instead, the focus is on support during the separation period. Under Jewish personal law (which applies to Jewish marriages in Israel), a husband is obligated to support his wife until the marriage is formally ended. This means a wife may receive alimony from the time the spouses separate until the divorce is finalized. The purpose is to ensure she can maintain a reasonable standard of living while the divorce is pending.

The obligation ends once the divorce decree is granted (and the religious divorce gets granted). Israel does not typically impose ongoing alimony payments years after a divorce, unlike some Western jurisdictions where a court might award, say, 5 or 10 years of post-divorce spousal support. Each spouse must fend for themselves after marriage, barring exceptional circumstances. (Rare exceptions might include short-term “rehabilitative” support if one spouse needs time to re-enter the workforce, but even this is not a standard practice.)

It’s also important to note that under traditional law, the obligation to pay spousal support in Israel generally falls on the husband toward the wife, not vice versa. Wives are not usually ordered to pay alimony to husbands. And if a wife is found to have been unfaithful or to have initiated the breakup under wrongful conditions, the husband’s obligation might be waived.

Every case is fact-specific, so getting legal advice on whether spousal support might apply in your situation is wise. (Our Israeli attorneys can advise you on your rights and obligations – for example, if you’re a wife living abroad and your husband isn’t supporting you, we can help you seek interim alimony from an Israeli court. If you’re a husband, we can counsel on what support you may be required to provide.)

Child Support

Israeli child support law is rooted partly in religious law and has been evolving toward a more modern, shared approach. Parents are expected to contribute to their children’s financial needs according to their ability. Historically, fathers were solely responsible for child support for children up to age 15, especially under Jewish law.

A recent Israeli Supreme Court decision modernized this: now both parents share the duty of support once the child is over about 6 years old. In practice, for children under 6, the father is usually still required to cover all basic needs. For children aged 6 to 18, both parents’ incomes and time with the child are taken into account.

This means that if both parents earn a living and share parenting time, the child support amount is adjusted more equitably between them. The mother’s income and the division of the child’s time between homes can reduce (or increase) the payment the father must make. This approach aims to be fair to both parents while ensuring the child has what they need.

Unlike some countries, Israel does not have a strict formula or state-issued guideline chart for child support. Instead, courts look at the child’s needs and the family’s living standards on a case-by-case basis. They will consider the cost of housing, education, food, clothing, medical care, extracurricular activities, and each parent’s income and assets. The idea is to maintain, as much as possible, the standard of living the child enjoyed before the parents separated. It also means two families with similar incomes can sometimes end up with different support amounts if their children’s needs differ.

Duration of Payments

Generally, child support in Israel is paid until the child turns 18 (the age of legal adulthood). However, since many Israeli youths serve in the military or do national service after 18, it is customary for support to continue at a reduced rate during those years of service.

In many cases, from age 18 until around 20 (for boys, until 21; for girls, until 20, aligning with the typical end of compulsory service), the support amount is two-thirds or one-third of the previous sum. This reduced support helps cover the young adult’s basic needs while they are not fully financially independent.

Enforcement

If a parent who’s supposed to pay child support fails to do so, Israeli law provides strong enforcement tools. The parent owed the support (or the child themselves, once 18) can file an enforcement action. The non-paying parent can face serious consequences, including liens on property, interception of income, and even possible travel bans or imprisonment for willful non-payment.

Additionally, Israel’s National Insurance Institute may provide advance payments to the custodial parent in cases of non-payment, and then pursue the owing parent for reimbursement. This underscores how seriously child support is treated – it’s about the child’s welfare, and the system works to ensure children get the support they are due. (Navigating support calculations and enforcement across borders can be tricky.

Our firm helps international clients by presenting clear evidence of financial capacity to Israeli courts and by handling enforcement proceedings if the paying parent is overseas.)

Legal Assistance for Property Disputes During Israeli Divorce

Dividing marital property is often one of the most complex parts of a divorce, and it can be even more complicated when assets are spread between Israel and abroad. In Israeli divorce law, property division is governed by the Spouses (Property Relations) Law of 1973.

The default rule under this law is an “equal division” of all marital assets. In essence, assets that you and your spouse accumulated during the marriage are considered joint property, regardless of whose name they are in. This includes obvious things like homes, bank accounts, and cars, and even less obvious assets like retirement savings, business interests, or “spiritual property” (for example, royalties from a book one spouse wrote during the marriage). Each spouse is entitled to 50% of the total value of these joint assets when the marriage is dissolved.

However, certain assets are excluded from this equal split. Israeli law exempts property that one spouse owned before the marriage and gifts or inheritances received by a spouse (whether before or during marriage). Those typically remain the spouse’s separate property, unless they were mixed together with joint assets in a way that changed their character.

Additionally, specific personal benefits – like disability pensions or certain veterans’ benefits – are not split, to ensure one spouse’s future well-being isn’t compromised. The law essentially balances fairness (splitting what the couple built together) with recognizing personal contributions or needs.

In practice, dividing property can involve steps like valuing a family home or investments, determining what portion of a pension was earned during marriage, and so on. If a couple has a prenuptial or postnuptial agreement that sets a different arrangement, Israeli courts will generally honor that – the law’s equal division is a default, but couples can agree to another split in writing.

Also, in special circumstances, a court has discretion to award an unequal division if a strict 50/50 split would be grossly unfair – for example, if one spouse squandered assets or if one will bear most future childcare costs, the court might adjust the percentages. These situations are rare and require convincing evidence.

If you are dealing with property in an Israeli divorce while living in the U.S. or Canada, unique challenges can arise. You might have assets in Israel (such as an apartment, land, or bank accounts) that need to be accounted for in a divorce settlement, or an Israeli court may issue an order that affects assets abroad.

Here’s how we help with cross-border property disputes:

• Identifying and Valuing Assets: Our team can assist in locating property or accounts in Israel that belong to the marriage. For instance, if you suspect your spouse has an undeclared bank account or real estate in Israel, we have tools to trace and find those assets. Once identified, we work with local appraisers and financial professionals to determine their value, so they can be fairly divided.
• Coordinating Jurisdictions: We often coordinate with attorneys in the U.S./Canada to ensure that an Israeli property settlement meshes with any proceedings abroad. If you obtained a divorce judgment overseas that includes Israeli assets, we can help enforce that judgment in Israel or re-litigate specific property issues in Israeli courts as needed. Likewise, if an Israeli court issues a property division, we guide you on enforcing it in your home country (for example, if your ex-spouse’s assets are mostly in New York, an Israeli judgment may need to be registered there).
• Selling or Transferring Property: Sometimes, the simplest solution is to sell an Israeli property and split the proceeds. We provide end-to-end assistance in selling Israeli real estate for our clients abroad – from dealing with realtors and buyers to handling the closing paperwork. If one spouse will keep an Israeli asset (like a house), we will handle the legal transfer and any necessary registration with Israeli authorities, so that your name is added or removed from the title as appropriate.
• Marital Debt and Other Financial Issues: Property disputes aren’t just about assets – debts are also divided. If there is a mortgage on an Israeli home or an outstanding loan, Israeli law generally expects both spouses to share the responsibility (unless one clearly took on debt for personal purposes). We help negotiate or litigate the fair allocation of debts and ensure that creditors in Israel are addressed properly in the divorce settlement.

Throughout the process, having an Israeli lawyer who understands international contexts is crucial. Our firm frequently represents clients who are overseas, handling the legwork in Israel so you don’t have to fly back and forth for every hearing or document signing.

To learn more about how we can manage Israeli property matters for you, see our overview of the firm’s services – with offices in Tel Aviv, New York, Florida, and California, we literally “cross oceans” for our clients.

Drafting Wills and Estate Planning in Israel

Planning for the future is just as important as dealing with present legal issues. If you’re a foreign resident with ties to Israel – for example, you own property in Israel or have family there – you should know how wills and estate planning work under Israeli law. The good news is that Israel allows foreigners to draft wills that are fully valid in Israel, ensuring your Israeli assets will go to your chosen beneficiaries.

Wills under Israeli Law

Israeli inheritance law (governed by the Succession Law of 1965) recognizes wills made in various forms. A will can be made in Israel or abroad, and it can be in English or another language, as long as it meets specific formal requirements.

Usually, a valid will in Israel must be in writing and signed by the testator (the person making the will) in the presence of two witnesses, who also sign.

Alternatively, Israel will honor handwritten wills (entirely in the testator’s handwriting, dated and signed) or even oral wills in particular last-minute circumstances (though those are rare and must be followed by a written memo). For foreign residents, the most straightforward approach is to draft a will with an Israeli lawyer to ensure it aligns with Israeli law formalities. This will save your heirs a lot of hassle, because a properly drafted Israeli will can be submitted to the Israeli probate registrar and approved relatively quickly.

Many international clients choose to create two wills:

1. One that deals with their assets at home (covering, say, property and accounts in the U.S. or Canada),
2. And a separate Israeli will that only deals with Israeli assets.

Learn about all the types of wills in Israel.

This dual-will strategy can be very efficient. For example, if you own an apartment in Israel, having a dedicated Israeli will for that property means the Israeli probate process can proceed independently, without tying up or conflicting with your other will. The will you make in your home country can exclude the Israeli assets (to avoid double counting), and vice versa. With less red tape, your beneficiaries can wrap up the estate in each country under the respective legal systems. Having separate wills is not mandatory, but it’s often recommended for cross-border families to simplify probate.

When planning your estate involving Israel, here are a few things to keep in mind:

• No Inheritance Tax in Israel: Israel does not impose inheritance or estate tax on the assets you pass to your heirs. This is a relief compared to some other countries. However, if you are a U.S. citizen or your heirs are U.S. persons, U.S. estate tax and reporting rules could still apply to your worldwide assets. We help clients understand these overlaps.For instance, our firm often advises American clients on how U.S. IRS rules (like FATCA) might require reporting of Israeli accounts. The key is that leaving assets in Israel won’t trigger a tax bill from Israel itself, though selling inherited property might involve capital gains tax if the property value increased – but even then, there are strategies to minimize that tax.
• Choosing Executors and Guardians: In your will, you’ll name an executor to handle the estate. If your primary executor is abroad, you might consider naming a backup executor in Israel to deal with local authorities.Similarly, if you have minor children and you’re appointing a guardian who lives in Israel, make sure to clarify that in your estate plan (and vice versa, if the kids are in Israel but the guardian is abroad). We can draft Israeli wills that dovetail with foreign guardianship designations and power of attorney documents for a seamless plan.
• Validity and Translation: A will made overseas can be recognized in Israel, but it usually needs to be submitted with an official Hebrew translation during probate. By drafting the will in Israel (or a bilingual will), you skip that extra step. We often prepare wills in both English and Hebrew so our clients fully understand the content, and the Hebrew text satisfies local requirements. The will can state that it’s intended to cover assets in Israel, which guides the Israeli courts and avoids misunderstandings.
• Assets in Israel’s Legal Framework: Israeli law allows almost full freedom in leaving property to whomever you wish (there’s no forced heirship for most citizens, unlike some European systems).One exception: a spouse cannot be completely disinherited from the family home without their consent; if you jointly own a house, the surviving spouse may have rights to keep living there. Aside from that, your will can name any heirs. If you don’t have a will, Israeli intestate succession rules kick in – generally distributing half your estate to your spouse and the rest to your children (or other relatives if no children).To avoid the default rules and any potential family conflicts, making a clear will is highly recommended.

Our firm drafts wills for clients worldwide, ensuring they meet Israeli legal standards while fitting in with your broader estate plan. We consider both sets of laws – Israeli and your home country’s – so that your wishes are carried out precisely as you intend.

Inheritance Law and Probate in Israel

When a loved one passes away and leaves assets in Israel, inheritance law and probate procedures will determine how those assets are transferred. Israel’s inheritance framework is governed by the Succession Law of 1965, which provides two main paths: inheritance by will or by law (intestacy). If there’s a valid will, the estate will be distributed according to that will (after it’s approved via a probate order). If there is no will, Israeli law dictates the heirs: typically the spouse and children, or other relatives if the deceased had no children.

As mentioned above, one notable aspect is that Israel imposes no inheritance tax. This means heirs don’t pay a tax to the Israeli government just for receiving their inheritance. However, administrative steps are required to transfer assets. That’s where probate comes in.

Probate in Israel involves applying to an Israeli Registrar of Inheritance Affairs (a specialized probate court official) to get an Order of Succession (if no will) or an Order to Probate the Will (if there is a will). This court order formally recognizes who the heirs are and authorizes the transfer of the assets to them.

For families abroad, dealing with Israeli probate can be daunting – language barriers, unfamiliar procedures, and the need for Israeli legal representation can all be factors. It’s often necessary to provide official documents (like a death certificate, and if there’s a foreign will, maybe proof that it’s valid under your local law) along with Hebrew translations.

Having an Israeli attorney handle the probate is extremely helpful, as they can prepare the filings, correspond with the registrar, and even appear in court if a hearing is needed.

If disputes arise – say, one heir challenges the will’s validity, or there’s a question about who is entitled to what – those matters may be addressed in the Family Court. Our role as your Israeli lawyers is to advocate for your rights in those proceedings.

We also handle practical follow-up steps: for example, once a probate order is issued, we assist in updating property titles in the Israel Land Registry, transferring bank accounts, selling assets, or whatever is needed to realize your inheritance.

Because you might be handling inheritance issues from afar, we act as your local eyes and hands. We keep you informed in English at every step, coordinate with Israeli authorities, and often work alongside your local counsel or advisors to align the Israeli process with any estate proceedings in your home country.

The Benefits of Mediation in Israel

Facing a family dispute, especially a divorce or custody battle, can be stressful and emotionally draining. In Israel, mediation is not only recognized but actively encouraged by the legal system as a way to resolve family law cases amicably.

In fact, since 2016, Israeli law has implemented a process that requires couples to attempt mediation (or another form of dispute resolution) before fully litigating a divorce. This reflects a broader trend: the courts want families to reach agreements collaboratively if possible, rather than engage in protracted courtroom fights.

How Mediation Works

Mediation in Israel is a confidential process where a neutral third-party mediator helps the spouses (or other family members in conflict) communicate and negotiate a mutually acceptable solution.

It’s voluntary in the sense that while you must attend an initial meeting, you are not forced to agree to anything – you retain control over the decisions.

The mediator does not impose a judgment; instead, they facilitate discussion on issues like property division, child custody, and support, guiding the parties toward common ground.

Mediation sessions can be conducted in Hebrew or another language comfortable to the parties; for international families, many mediators speak English, or your attorney can help translate/interpret as needed.

Legal Recognition

Any agreement reached in mediation can be submitted to the Family Court and, once approved by a judge, becomes a legally binding consent order. This means your mediated settlement has the same force as a court judgment. Because of this, mediation combines the best of both worlds – you get a say in shaping the outcome, and then it’s made official and enforceable. Israeli judges often look favorably on mediated agreements since they tend to reflect the parties’ true wishes and lead to better post-divorce cooperation.

Benefits for Cross-Border Families

Mediation has particular advantages if one or both parties live outside Israel:

• Convenience: Scheduling court hearings when you live in New York and your spouse is in Tel Aviv can be complicated (time zone differences, travel costs, etc.). Mediation offers flexibility, including the possibility of conducting sessions via video conference. This can save you multiple trips to Israel. Many international couples have successfully mediated their Israeli divorce through Zoom or similar platforms, with documents handled electronically.
• Speed and Cost: Court litigation in any country can drag on, and Israel is no exception – cases can take many months or even years if heavily contested. Mediation, by contrast, can often resolve issues in a matter of weeks. Quicker resolution means lower legal fees and less stress. This can be a relief when you’re managing things from abroad and don’t want a lingering foreign legal battle.
• Control and Privacy: Especially for families in the public eye or those who value privacy, mediation keeps details out of the court record. You might feel more comfortable discussing financial or personal matters in a private mediation rather than a public courtroom. And because you have a direct hand in crafting the agreement, you can tailor solutions to fit your cross-border reality. For example, you could agree on a custody arrangement that accounts for the child spending summers in Canada with one parent, and the school year in Israel with the other – a creative solution a court might be hesitant to impose, but that works for your family.
• Preserving Relationships: Family disputes can strain relationships, but mediation tends to be more respectful and less adversarial. This is crucial when children are involved; you’ll need to co-parent across countries. Mediation can set a cooperative tone that carries forward, making future interactions (like arranging international visits or attending milestone events) much smoother.

Israel has a growing community of professional family mediators, and the process is widely accepted. In many cases, even if mediation doesn’t solve everything, it can narrow down the issues, so that any remaining court case is more limited in scope.

At Aharoni Law Firm, we strongly support mediation when appropriate. We can represent you during the mediation process, ensuring that any agreement protects your legal rights. And if mediation is successful, we’ll obtain your agreement’s approval from the Israeli court to give it legal effect.

An Israeli Family Law Lawyer Can Represent You

Dealing with a legal matter in Israel while you’re located in North America might seem intimidating, but you don’t have to handle it alone. An Israeli family law lawyer from Aharoni Law Firm can represent you and protect your interests in Israel, without you ever having to think of unfamiliar courts or laws by yourself. We serve as a bridge between you and the Israeli legal system.

Why Choose Aharoni Law Firm for Israeli Family Matters?

Here are a few reasons our international clients have found peace of mind with our representation:

• Bilingual and Culturally Fluent: Our team, led by Rahav D. Aharoni Adv., is fluent in both English and Hebrew. We ensure you understand exactly what’s happening in your case, translating legal jargon into plain language.Being culturally fluent means we grasp the nuances of both Israeli and Western expectations, so we can clearly explain Israeli court procedures to you and your perspective on the Israeli court. Miscommunications often arise in cross-border cases; our bilingual approach prevents that.
• Dual-Licensed Capabilities: We are an Israeli law firm with a global presence. While our attorneys are experts in Israeli law (Adv. Rahav Aharoni has been a member of the Israel Bar since 2007), we also have offices and affiliates in the United States and Canada.This network gives us dual capability in practice: we understand U.S./Canadian legal principles and client service standards, and we apply that understanding to Israeli cases. In practical terms, we’re accustomed to working alongside U.S. and Canadian lawyers on cross-border matters.If your situation involves both Israeli and American/Canadian legal processes, we can coordinate to ensure nothing falls through the cracks.
• Experience with International Clients: Representing overseas clients is not a side job for us – it’s our focus. We have offices in Tel Aviv, Los Angeles, New York, and Florida, and have represented clients from all over the U.S. and Canada.We know the common pain points: signing documents remotely, appearing in an Israeli court when you can’t be there, and dealing with time differences. Our firm has systems in place to handle these smoothly. For example, for court appearances, we can often appear on your behalf or request virtual hearings when appropriate.For document notarization, we guide you through using your local Israeli consulate or an apostille service to make documents Israel-legal. In short, we’ve done this many times and literally cross oceans for our clients to make the process as convenient as possible for you.
• Personalized and Compassionate Support: Family law matters are personal and can be emotional. Our approach is to combine professionalism with empathy. We listen to your story and your concerns. Because we operate as a boutique law firm, you get one-on-one attention. Our founder personally oversees cases to ensure high-quality strategy and communication. We know that being far away can make you feel “out of the loop,” so we try to keep you updated at every step.Whether you prefer email, phone calls, or Zoom meetings, we adapt to your communication style. Our goal is that you never feel the distance; you will feel as supported as if you had a lawyer right next door.
• Legal Support from A to Z: While this page has focused on family law, our firm’s expertise in Israeli law is broad, spanning inheritance, property, real estate, business, and more. This matters because family cases often intersect with other areas.We have real estate know-how if your divorce involves selling a house in Israel. If your custody case involves moving children across borders, we understand relocation and immigration facets. Should your issue touch on an inheritance or a family business, we can handle that without you needing to find another attorney. It’s truly a one-stop shop for legal issues in Israel for clients abroad.

Contact Us for A Complimentary Consultation

Engaging an Israeli family law attorney through our firm means having an advocate on the ground in Israel who prioritizes your interests. We strive to make Israeli legal proceedings transparent and manageable for you. From the first consultation (which we offer free of charge) to the final resolution of your matter, you’ll have a dedicated team by your side. Please call us at 888-923-0022 or +972 3-905-5478 for a free 30-minute consultation.