The couple lived together for nearly 20 years, raised three children and resided in a spacious apartment. Over time, the husband reduced his presence in the home to the point of sleeping in the reinforced security room. When he was in shared spaces, he endured repeated humiliation by his wife, often in front of their children.
The wife worked in high tech and earned nearly twice as much as her husband. She demanded that he supplement his income through financial support from his parents. In an effort to preserve their son’s marriage, the parents cooperated and transferred thousands of shekels each month into the couple’s joint account.
When the husband eventually sought legal help, he said he could no longer endure the shared life. A combined claim for divorce and dissolution of joint property was filed with the rabbinical court.
The parties agreed on an appraiser proposed by the wife, who assessed the apartment at a relatively low value compared to the market due to the presence of an electrical room on the building’s ground floor. Based on the appraisal, the wife offered to purchase the husband’s share of the apartment. She planned to finance the purchase using the ketubah, valued at more than 1 million shekels, and filed a formal ketubah claim for that purpose.
In the first stage of proceedings, a higher counteroffer was submitted to the rabbinical court for the apartment purchase. Since an appraisal represents a minimum threshold and does not rule out a higher paying buyer, the court accepted the position. As a result, each party’s share in the apartment increased, forcing the wife to pay the husband more than she had initially planned.
In the second stage, a defense was mounted against the ketubah claim. The court ultimately nullified the ketubah on grounds of fairness, ruling that the husband owed nothing. The judges determined that the wife earned nearly twice as much as her husband and that the purpose of a ketubah is not personal enrichment, but to help a woman recover financially after divorce. The court also ruled that the 1 million shekel sum was excessive and set primarily for show, with no realistic ability on the husband’s part to pay it.
In the end, the wife, who wished to remain in the apartment, purchased the husband’s rights and was required to pay a higher amount than originally anticipated. To complete the transaction, she took out an additional mortgage, as she received nothing from the ketubah.
What we learned
An excessive ketubah is examined based on circumstances and will not necessarily be enforced as written.
A residential property appraisal sets a minimum value, not a ceiling. A higher sale price is possible, and it is often in both parties’ interest to maximize their share.