Free Consultation
Family Law

Can one spouse empty a joint Israeli bank account during divorce proceedings?

The bank will usually honour the withdrawal, because each holder of a joint account may normally operate it alone, but the money is not gone. Section 11 of the Spouses (Property Relations) Law 5733-1973 allows the Family Court to order protective measures whenever there is reasonable concern that one spouse is acting to frustrate the other's right to resource balancing. Sums that were withdrawn are attributed back to the withdrawing spouse when the marital balance is calculated. A freezing order can be issued without prior notice to the other side, often within a day or two.

Two separate legal relationships are at work here. The first is the bank mandate signed when the account was opened, which in the standard Israeli form authorises each holder to act alone. A bank that pays out to one holder within that mandate has done nothing wrong, so the wronged spouse has no realistic claim against the bank. The second is the property regime under the Spouses (Property Relations) Law, under which the value of the couple's resources is balanced when the marriage ends. Section 11 gives the Family Court a broad toolkit to protect that entitlement in advance, including attachment of accounts, an injunction restraining dealings, an order to produce financial records, and an order to provide security.

Foreign spouses are exposed here because the account sits in Israel and the other spouse is on the ground. Two steps matter and both are urgent. Instruct the branch in writing to change the mandate to require two signatures, which stops future withdrawals immediately even before a court order, and file for an interim freezing order naming the exact branch, account number, and any linked securities portfolio. A spouse living abroad does not need to attend: an Israeli lawyer can file on an apostilled power of attorney, with the affidavit sworn before an Israeli consul or a notary. Courts take a dim view of dissipation, and an account already drained once is strong evidence for the second application.

⚖ In Practice
  • Governing law: Section 11, Spouses (Property Relations) Law 5733-1973
  • Competent authority: Family Court (Beit HaMishpat LeInyanei Mishpacha), or the Rabbinical Court (Beit Din HaRabbani) where the financial claim was validly joined to the divorce petition
  • Fees: family application fee of approximately NIS 500 to 600 (2026), plus the security or undertaking the court normally requires before granting an order without notice
  • Timeline: orders made without notice are commonly issued within 24 to 48 hours, with a hearing in the presence of both parties held shortly afterwards, in practice within about two weeks
  • Bank's position: paying a holder who acts within the account mandate creates no liability; serve the order on the specific branch and account number to make it effective
  • Accounting effect: money removed is charged back to the withdrawing spouse's side of the resource balance, reducing their final share rather than disappearing

From the full guide: Freezing Marital Assets During Divorce in Israel

Related Questions

Related Guides

Need legal help with this topic?
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

← Browse all Q&A