Quick Answer: Israel has no formal "legal separation" status, but couples can enter a binding heskem peiruda (separation agreement) covering property, custody, child support, and alimony. Once approved by the Family Court under the Spouses Property Relations Law 1973, this agreement carries the full force of a court order — meaning either party can enforce it through the Execution Office if the other fails to comply. You remain legally married until a formal divorce is completed.

For foreign nationals and expats whose marriages are breaking down in Israel, the first question is usually the same: can we legally separate without getting divorced right now? The answer is yes, but not in the way you might expect from home. Israel's family law has no direct equivalent of the judicial separation found in the UK, the legal separation recognized in many US states, or the séparation de corps of French law. What it offers instead is a court-approved agreement that sets out how you will live apart, divide your assets, raise your children, and handle your finances — all before the formal divorce process begins.

The assumptions you bring from your home jurisdiction often don't hold here. Property rights, child support calculations, and the role of religious courts are governed by rules that differ sharply from what you may be used to. This guide covers every stage, from drafting through court approval and enforcement, with specific reference to the relevant Israeli statutes and authorities.

1. What Is a Separation Agreement Under Israeli Law?

A separation agreement in Israel — known in Hebrew as heskem peiruda (הסכם פירודה) — is a written contract between spouses who have decided to live apart but are not yet ready, or not yet able, to divorce. The agreement sets the terms of their separation: who lives where, how property is divided or managed in the interim, what happens with joint bank accounts, how children will be cared for, and how each spouse will be financially supported.

Israeli law does not define "separation" as a legal status in the way that divorce is a legal status. When a couple separates in Israel, they remain fully married in the eyes of the law, the tax authority, the National Insurance Institute (NII / Bituach Leumi), and the Population and Immigration Authority. This has practical consequences: a separated spouse who has not yet divorced may still appear as a dependent on an Israeli resident's population registry entry, and a foreign national whose residency permit was tied to the marriage may face complications as the relationship formally breaks down.

Despite the absence of a legal separation status, the separation agreement itself is fully recognized by Israeli courts. The Family Court can approve and give force of law to any agreement between spouses — and once approved, that agreement is not merely a private contract. It becomes a court order, enforceable through the Execution Office (Lishkat Hotza'ah la'Po'al) in the same way as any other binding judicial decision.

In Practice: The legal basis for court approval of property arrangements between married spouses is Section 2 of the Spouses Property Relations Law 1973 (Chok Yahasei Mamon Bein Bnei Zug, 5733-1973). This section provides that spouses may enter into a written agreement modifying or defining their property rights — but such an agreement must be either approved by the Family Court or the Rabbinical Court, or executed before a notary, to take effect. An informal handshake or unsigned email exchange has no legal standing under this statute.

2. What a Separation Agreement Can Include

A good separation agreement covers every aspect of the couple's shared life that needs regulating while they live apart. Israeli law gives parties substantial freedom in designing their own arrangements, subject to a few firm limits discussed below.

Residential arrangements

The agreement specifies where each spouse will live, what happens to the marital home (whether one party buys out the other, the home is rented out and income shared, or the sale is deferred until divorce), and how household bills and mortgage payments are handled in the interim period.

Financial separation

Joint bank accounts, shared credit cards, and investment portfolios need clear rules once a couple separates. The agreement can provide for the division or closure of joint accounts, the allocation of ongoing financial obligations such as mortgage payments or car leases, and any interim financial support one spouse will pay to the other while the formal divorce process proceeds.

Property division (or interim holding arrangements)

Rather than dividing all assets immediately — which may require selling the family home or liquidating investments — many couples use the separation agreement to freeze their asset positions and agree on how the ultimate division will work upon divorce. The agreement may state, for example, that the wife retains the apartment until the youngest child completes high school, at which point it is sold and proceeds divided equally.

Spousal maintenance (alimony)

One spouse can agree to pay maintenance to the other during the separation period. For Jewish couples, the Rabbinical Court applies religious law (*halacha*) when determining a husband's maintenance obligation, which may produce different results from the civil Family Court's calculation. The separation agreement can specify the amount, frequency, and duration of maintenance payments, and whether they will continue after a final divorce.

Children: custody, visitation, and support

This is often the most contentious part. The agreement must address physical custody (where children sleep each night), legal guardianship decisions (schools, medical care, travel), the parenting schedule, child support payments, and how holiday and school-break time is shared. Note that any child-related provision in the agreement remains subject to Family Court review — a judge is never bound by what parents agreed if the court finds the arrangement not in the child's best interests.

What the agreement cannot validly include

  • Waiving a child's right to support. Under Section 3A of the Maintenance Law 1959, the right of a minor child to receive support from both parents is personal to the child and cannot be waived by either parent in an agreement.
  • Completely eliminating one parent's guardianship. Under the Legal Capacity and Guardianship Law 1962, both parents are natural guardians of their children. A court will not approve an agreement that purports to strip one parent of all guardianship rights.
  • Forcing a Get (religious divorce). An agreement can create financial incentives for a husband to grant his wife a Get — or penalties if he refuses — but cannot legally compel him to do so. The Rabbinical Court retains exclusive jurisdiction over the actual granting of the Get under the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 1953.

3. Getting the Separation Agreement Approved by the Family Court

Drafting the agreement is only the first step. To transform a private contract into an enforceable court order, both parties must go through a court approval process with three distinct stages.

Step 1: Draft and sign the agreement

The agreement must be in writing, signed by both parties, and ideally drafted with the assistance of a lawyer who can ensure the language is legally precise and the terms are within the bounds of what a court will approve. Many couples use a family law mediator to reach the terms first, then have separate lawyers review the draft before signing.

Step 2: File a petition with the Family Court

A petition (*bakasha*) is filed with the Family Court (*Beit Mishpat l'Inyanei Mishpacha*) in the district where the couple resides. The petition asks the court to approve the agreement and give it the status of a court order. Both parties are named in the petition, but since it is an uncontested application (both have already signed), it proceeds on the consent track rather than as adversarial litigation.

In Practice: Filing fees for an uncontested separation agreement petition at the Family Court are set by the Courts (Fees) Regulations (updated annually by the Ministry of Justice). As of 2026, the filing fee for a consent-based petition of this kind is approximately NIS 641. Once filed, the court registrar schedules a confirmation hearing — typically within 4 to 8 weeks in central district courts (Tel Aviv, Jerusalem), though the timeline can stretch to 10–12 weeks in busier periods. Both spouses must appear in person at the confirmation hearing (or be represented by an attorney holding a valid power of attorney).

Step 3: Appear at the confirmation hearing

The confirmation hearing is usually short — 15 to 30 minutes for an uncontested agreement. The judge will ask each party, separately, whether they signed voluntarily and without coercion, and whether they understand the agreement's terms. If the judge is satisfied, the agreement is approved by court order on the same day. If the judge has concerns about child-related provisions, they may ask for additional information or appoint a social worker to assess the children's wellbeing before approving those terms.

Alternative: Rabbinical Court approval

For Jewish couples, the Rabbinical Court (*Beit Din*) also has jurisdiction to approve separation and divorce agreements, particularly where the divorce itself will be handled through the Rabbinical Court system. Some couples choose Rabbinical Court approval for the entire agreement — including property and custody — especially when the husband's commitment to grant a Get is a central element. The procedural requirements are similar, but the Rabbinical Court may apply religious law principles to the maintenance provisions.

Alternative: Notarial execution

For property-related arrangements only, Section 2 of the Spouses Property Relations Law 1973 allows the agreement to be executed before a licensed notary rather than a court. This is faster and cheaper, but it produces a private deed rather than a court order — meaning enforcement requires an additional step if one party later refuses to comply.

4. Property Rights During Separation: What the Law Provides

The core property law governing married couples in Israel is the Spouses Property Relations Law 1973. It creates a default regime called izun mishavim (resource balancing): upon divorce or death, each spouse is entitled to half the value of all assets accumulated by either spouse during the marriage, regardless of which spouse's name is on the title or bank account. this right does not crystallize while the couple is merely separated — it only triggers upon divorce, death, or a special court order under Section 5 of the Law.

This means that during the separation period, property continues to accumulate for the purpose of future resource balancing. If one spouse runs a business that grows significantly during a long separation, the other spouse may be entitled to a share of that growth upon eventual divorce — unless the separation agreement explicitly addresses this. A well-drafted separation agreement should therefore deal not just with assets that exist today, but with the treatment of future asset growth during the separation period.

In Practice: Assets that are excluded from resource balancing under Section 5(a) of the Spouses Property Relations Law 1973 include: inheritances and gifts received by one spouse individually (even during the marriage), and assets brought into the marriage before the wedding date. The family home is subject to a special rule: under Section 5(g), even if it was purchased by one spouse before the marriage or received as an inheritance, a court may award the other spouse a right of continued residence if they have minor children and the alternative would leave them without suitable housing. If your Israeli property falls into any of these categories, a separation agreement should explicitly address it rather than leaving the characterization to be argued in future divorce proceedings. Any change in registered ownership following the agreement's approval may require notification to the Israel Land Authority (ILA / Minhal Mekarkei Yisrael) and could trigger applicable transfer taxes — always verify with a tax adviser before finalizing the property terms.

One common source of confusion for foreign nationals is the relationship between Israeli property law and the law of the country where the couple was married or lived previously. Israeli courts apply Israeli law to property in Israel, regardless of where the couple was married. Property located abroad is treated differently — Israeli courts will generally defer to the law of the jurisdiction where that property is located. If your separation involves assets in multiple countries, you may need to engage lawyers in each relevant jurisdiction.

5. Children: Custody Arrangements and Child Support

When a separating couple has minor children, the separation agreement's provisions on custody and child support will receive the most careful judicial scrutiny. Israeli family courts are required by law to place the child's best interests above any agreement the parents have reached — this is not a formality. Judges routinely modify or refuse to approve child-related terms that they find inadequate or harmful, even when both parents have signed the agreement voluntarily.

Physical custody arrangements

The separation agreement should set out a clear parenting schedule: where the children sleep on regular school nights, how weekends are divided, what happens during school holidays and the Jewish festivals (*chagim*), and how decisions about travel outside Israel are handled. Israeli courts generally favor arrangements that maintain meaningful relationships with both parents, though there is no legal presumption of equal time-sharing — each case turns on what works for the specific child.

Legal guardianship

Under the Legal Capacity and Guardianship Law 1962, both parents remain the legal guardians of their minor children after separation unless the court orders otherwise. Joint legal guardianship means both parents must agree on major decisions: choice of school, medical procedures, religious upbringing, and moving the child's residence. The separation agreement can specify a process for resolving disputes — for example, by appointing a parenting coordinator or requiring mediation before either parent can apply to court.

Child support

Child support in Israel is governed by the Maintenance Law (Alimenta) 1959. The obligation to support minor children is absolute — it cannot be waived or offset against the other parent's obligations. Courts determine child support based on each parent's financial capacity and the child's reasonable needs, guided by maintenance guidelines issued periodically by the Ministry of Justice.

In Practice: As of 2026, the baseline monthly child support per child in an average-income household is approximately NIS 1,450 to NIS 2,200 per month, depending on the child's age and the parents' combined income — but courts frequently award significantly more for higher-income families. Importantly, the National Insurance Institute (NII / Bituach Leumi) operates a child support enforcement and guarantee scheme: if the paying parent defaults on court-ordered payments, the NII steps in and pays the custodial parent up to a statutory cap (currently NIS 1,648/month per child), then pursues the defaulting parent for recovery. A separation agreement that specifies child support below the NII guarantee threshold is unlikely to receive court approval. Child support orders are also automatically linked to the Consumer Price Index (CPI) — they increase annually with inflation without any need to return to court.

6. Special Considerations for Foreign Nationals

If you are a foreign national living in Israel on a temporary or conditional visa, or if your spouse is an Israeli citizen, there are several Israel-specific issues a separation agreement should address that simply would not arise in most other countries.

Your immigration status

Many foreign nationals in Israel hold visas tied, directly or indirectly, to their marital status. A B-1 work visa holder whose permit is attached to a spouse's employer, or an A-5 temporary residency holder whose status was granted on the basis of a cohabiting relationship with an Israeli citizen, may find that formalizing a separation triggers a review of their permit by the Population and Immigration Authority (Ministry of Interior). The separation agreement itself does not automatically cancel your visa, but a divorce certainly changes your eligibility for permits based on the spousal relationship. If your immigration status is at risk, address the transition plan explicitly in the agreement — for example, by agreeing that the Israeli spouse will cooperate in supporting an independent permit application.

Cross-border custody issues

If one parent is a foreign national who may wish to return to their home country, the separation agreement must address this directly. Israel is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, and taking a child out of Israel without the other parent's written consent — or a court order permitting it — may constitute international child abduction under the Convention and Israeli law. Any agreement allowing one parent to relocate with the children abroad requires explicit Family Court approval, not merely the other parent's signature on a private document. See our dedicated guide on child relocation from Israel for the full legal process.

Foreign divorce decrees and the Israeli system

Some foreign nationals who separated in Israel later divorce abroad and obtain a foreign divorce order from a court in their home country. This does not automatically dissolve the marriage under Israeli law — a foreign divorce decree must be formally recognized by an Israeli court under the Enforcement of Foreign Judgments Law 1958 before it is treated as valid in Israel. Jewish couples also require a Get for the divorce to be recognized under religious law, regardless of any foreign court ruling. For a full explanation, see our guide on enforcing a foreign divorce order in Israel.

Tax implications during separation

While you remain legally married, the Israel Tax Authority continues to treat you as a married couple for income tax purposes unless you elect separate assessment. A separation agreement can address how tax liabilities and refunds are shared, who will file the joint return (if applicable), and who bears responsibility for any assessments relating to the marriage period. Foreign nationals who are not Israeli tax residents may have different obligations — consult a tax adviser familiar with both your home country's and Israel's tax rules.

7. From Separation Agreement to Divorce

A separation agreement is not a divorce, and it does not automatically lead to one. The couple remains legally married until one of the following happens: (a) the Family Court or Rabbinical Court grants a divorce (*geirushin*), or (b) one spouse obtains a foreign divorce and has it recognized in Israel. The separation agreement can, however, be structured to make the eventual divorce as smooth and uncontested as possible.

Using the separation agreement as a divorce blueprint

Many Israeli attorneys draft the separation agreement as a two-stage document. Stage one covers the immediate separation: who lives where, how children are cared for, and what financial support is paid during the waiting period. Stage two specifies the complete property division, custody arrangements, and spousal maintenance that will take effect upon divorce — effectively pre-agreeing the divorce settlement. When the divorce petition is eventually filed, the court simply incorporates the stage-two provisions into the divorce decree, making the divorce hearing quick and uncontested.

The Get requirement for Jewish couples

For Jewish couples, the divorce is not complete until the husband voluntarily delivers a Get (religious bill of divorce) to the wife in the presence of the Rabbinical Court. The separation agreement can include a clause committing the husband to deliver the Get within a defined period — for example, within 30 days of the Family Court's approval of the divorce settlement — and attaching financial penalties (sometimes substantial NIS amounts, agreed in advance) if he refuses. Refusal to grant a Get creates a serious legal and personal problem for the wife, leaving her as an *aguna* (chained woman) unable to remarry under Jewish law. Courts have increasingly imposed sanctions on recalcitrant husbands, but prevention through a well-structured agreement is far preferable to litigation after the fact.

Timing considerations

Israel does not impose a mandatory waiting period between separation and divorce the way some jurisdictions do. A couple can file for divorce immediately — but in practice, agreed divorce proceedings (where both parties have signed a comprehensive agreement) typically reach a final hearing within 3 to 6 months from filing, assuming the court's schedule allows. Contested divorces take substantially longer, often 2 to 4 years or more. Investing time in a thorough separation agreement, even if it takes several months to negotiate, often saves years of litigation down the road.