Divorce and legal separation: what are the differences?

Verified 13 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Tableau - Differences between divorce and legal separation

Divorce

Body Separation

Duties related to marriage (fidelity, rescue and assistance)

All obligations between ex-spouses disappear.

The marriage is dissolved.

Marriage-related duties are maintained, except the duty of cohabitation.

The marriage is not dissolved.

Maintenance

Maintenance under the duty of relief may be paid during the divorce proceedings.

After the divorce, the duty to help no longer exists.

Maintenance for the duty of relief may be paid during and after the legal separation procedure.

Compensatory benefit

One of the ex-spouses may have a compensatory benefit.

Spouses cannot receive a compensatory benefit.

Duty of cohabitation

The duty of cohabitation no longer exists.

Liquidation of the matrimonial property regime

Ex-spouses must liquidate their matrimonial property regime.

Married spouses under a community regime must liquidate that matrimonial property regime in order to adopt the system of separation of assets.

Under this scheme, property purchased by only one of the spouses after legal separation is the personal property of the spouse. The property does not belong to the two spouses.

Retention of the other spouse's common name

Every ex-husband loses the use of her ex-husband's name.

A former spouse may, however, be permitted to retain the name of the other spouse (by the judge or ex-spouse) in a customary name.

Each spouse retains the use of the other's name, unless otherwise decided by the judge or by the legal separation agreement.

Succession

The ex-spouses are no longer heirs to each other.

The husband separated from his body remains heir to his husband. However, in the case of legal separation by mutual consent, the spouses may waive their inheritance rights in their agreement.

Remarriage

Ex-spouses can get married again.

Spouses may not not getting married.

Civil partnerships

Ex-spouses can

Spouses may not not ₪.

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