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Does remarrying or cohabiting with a new partner stop spousal maintenance in Israel?

Remarriage by the maintenance-receiving spouse terminates the obligation to pay spousal maintenance automatically under Israeli law, both under the Family Law Amendment (Maintenance) Law 5719-1959 and under Jewish religious law applied in Rabbinical Courts. Cohabitation with a new partner without formal marriage does not automatically end maintenance, but Israeli courts have consistently held that a stable, recognized cohabiting relationship creates a strong presumption that the recipient's financial need has diminished or been eliminated. The paying spouse must apply to the Family Court or Rabbinical Court to modify or cancel the maintenance order based on changed circumstances.

The legal basis for spousal maintenance in Israel flows from religious personal law and is supplemented by the Family Law Amendment (Maintenance) Law 5719-1959. For Jewish couples, the Rabbinical Court retains jurisdiction over maintenance tied to a religious divorce (get), while civil Family Courts handle maintenance for all other couples and post-divorce modifications. Remarriage terminates maintenance because the duty is rooted in the marital bond. Cohabitation is treated differently: courts assess whether the new relationship constitutes a de facto partnership with shared finances, a common household, and mutual dependency. If those elements are present, the court will typically reduce or eliminate the maintenance order, treating the arrangement as functionally equivalent to marriage for this purpose. The maintenance framework in Israel draws on this flexible standard rather than rigid statutory categories.

From a practical standpoint, the paying spouse cannot simply stop making payments upon learning the ex-partner has moved in with someone new. Payments must continue until a court order modifying the obligation is obtained. Filing a motion promptly matters because Israeli courts generally do not award retroactive cancellation for a period when the payer continued to pay voluntarily. The recipient spouse has a duty of good faith, which has been interpreted to include disclosing a new cohabiting relationship that materially affects their financial situation. Foreign ex-spouses receiving maintenance under an Israeli order enforced abroad should be aware that a change of status in Israel must be formally recognized through the Israeli court system before it affects the amount due.

⚖ In Practice
  • Governing law: Family Law Amendment (Maintenance) Law 5719-1959; Jewish religious personal law for Jewish couples
  • Competent authority: Family Court (Beit Mishpat LaInyanei Mishpacha); Rabbinical Court (Beit Din Rabani) for Jewish couples with religious-law maintenance
  • Remarriage: terminates the maintenance obligation automatically from the date of remarriage; the payer should still file to formally close the court file
  • Cohabitation: requires a court motion to modify — payments must continue until a new order issues; courts examine duration, financial interdependence, shared domicile
  • Reinstatement: if cohabitation ends before a court order is obtained, the maintenance obligation generally continues; if it ends after an order reducing it, the recipient can apply to reinstate

From the full guide: Alimony and Spousal Maintenance in Israel: A Complete Guide

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