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New York Court Applies "Get" Law In Divorce Case

By Howard M. Friedman

In S.A. v. K.F., (NY Kings Co. S.Ct, Jan. 28, 2009), a New York family court applied NY Domestic Relations Law, Sec. 236 [B] [5] [h], that permits the court in matrimonial actions to consider the effects of a barrier to remarriage of one of the spouses when ordering maintenance and distribution awards. The law was directed at aiding Jewish wives in obtaining a religious divorce document (get) from their husbands. A wife who is unable to obtain a get cannot remarry under Jewish law. She is known as an agunah, or "chained woman."

In this case, the 80-year old husband (a Holocaust survivor) had adamantly refused to provide his 61-year old wife a get, despite a contempt citation issued by a Jewish rabbinic court and demonstrations in front of his home by community members. The court, awarding the husband $400 per month maintenance, conditioned it on his voluntarily giving his wife a get within 45 days. The court said: "It would be unjust and inappropriate to have the wife pay spousal support for the husband's benefit yet she is still 'chained' to him." Last Saturday's New York Daily News reports on the decision. [Thanks to Marc Stern for the lead.]

Full post as published by Religion Clause on February 11, 2009 (boomark / email).