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Can an Israeli family court order one spouse to pay the other's legal fees in divorce proceedings?

Yes. Israeli courts have broad discretion to award legal costs under Regulation 512 of the Civil Procedure Regulations and the Family Courts Law 5755-1995. A Family Court may order one spouse to pay part or all of the other's attorney fees and court costs. Cost awards are more common where one spouse conducted proceedings in bad faith, made unfounded allegations, or significantly delayed the process. Courts rarely award full legal costs; partial contributions of NIS 10,000–30,000 per instance are typical in contested divorce proceedings. A financially weaker spouse may also apply at the outset for an interim maintenance order covering reasonable legal expenses.

Under Regulation 512 of the Civil Procedure Regulations (Takanot Seder HaDin HaEzrahi), courts have authority to award costs — including attorney fees — to the prevailing or more successful party. The Family Courts Law 5755-1995 gives the Family Court wide case management discretion, and cost orders are a recognized tool for discouraging unnecessary litigation and rewarding cooperative conduct. The Rabbinical Court (Beit Din HaRabanut) follows different principles: it applies halachic convention rather than the Civil Procedure Regulations and is historically more restrained in awarding legal costs except in egregious cases. For Jewish couples who have a choice of forum, this is one factor worth considering when selecting where to file divorce proceedings. The full procedural framework for foreign nationals in Israeli divorce is explained in Divorce in Israel for Foreigners: A Complete Legal Guide.

A spouse who lacks resources to fund divorce litigation can apply for an interim maintenance order (mezunot) that includes a component for reasonable legal expenses. Courts have held that denying a financially weaker spouse the means to fund proper representation undermines the fairness of the proceedings. This application is made at the start of the case and is separate from the final cost award. For non-resident spouses managing Israeli divorce from abroad, it is important to budget independently for legal costs: contested Israeli divorces can take two to five years and involve multiple hearings, each generating its own potential cost order. A final cost award is decided at the same time as the divorce judgment itself and can be enforced through the Israeli Execution Office like any monetary judgment.

⚖ In Practice
  • Governing law: Regulation 512, Civil Procedure Regulations; Family Courts Law 5755-1995
  • Competent authority: Family Court (Beit Mishpat LeMishpacha); Rabbinical Court (Beit Din HaRabanut) for Jewish couples who chose that forum
  • Typical cost award: NIS 10,000–30,000 per contested motion or at final judgment; higher amounts awarded for prolonged bad-faith conduct
  • Interim legal funding: request interim maintenance covering legal costs at the opening of proceedings — courts have upheld this right for the financially weaker spouse
  • Timeline: final cost order issued together with the divorce judgment — the same proceeding; enforcement through the Execution Office (Lishkat HaHotzaa LaPoal)

From the full guide: Divorce in Israel for Foreigners: A Complete Legal Guide

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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