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Can You Get Permanent Alimony in a Florida Divorce?

Learn how the new 2023 alimony law in Florida affects new divorces, existing alimony awards, and the length of support

Key points about lifetime alimony in marriage:

  • Florida eliminated permanent alimony for new divorce cases effective on July 1, 2023.
  • The new law generally limits how long durational alimony can last based on the length of the marriage, although courts may exceed those limits in exceptional circumstances.
  • Long-term durational alimony may effectively provide lifetime support in some cases without being considered permanent alimony.
  • Existing permanent alimony awards remain valid and are not automatically terminated.

Divorce often creates financial uncertainty for both spouses, especially when one spouse earns significantly more than the other and is expected to continue doing so after the marriage ends. 

Whether you’re concerned about paying alimony or relying on it for financial stability, you may be wondering whether Florida’s recent law changes still allow lifetime support.

The short answer is that Florida no longer awards permanent alimony in new divorce cases. However, that doesn’t necessarily mean long-term support is no longer available or that existing permanent alimony awards have disappeared.

In this article, we’ll explain the changes that were made to Florida’s alimony law in 2023, the types of alimony that are now available, how long alimony can last, and whether permanent alimony ordered before the law change can be reversed.

If you have questions about alimony in Florida or any other family law matter, contact the experienced Fort Lauderdale divorce attorneys at Shemtov Hillstrom to schedule a free consultation.

What is lifelong alimony?

Lifelong alimony, also known as lifetime or permanent alimony, is financial support paid by one former spouse to the other after a divorce that does not have a predetermined end date. 

Unlike temporary forms of alimony that are designed to help someone get back on their feet, permanent alimony was intended for situations where a spouse was unlikely to ever become fully self-supporting.

Despite its name, lifetime alimony didn’t necessarily last forever. It could end if either spouse died, the recipient remarried, or a court later modified or terminated the award because of a significant change in circumstances.

Before Florida law changed, judges generally reserved permanent alimony for marriages where one spouse had a long-term financial need and the other had the ability to provide support.

Is there still lifetime alimony in Florida?

For new divorce cases, the answer is generally no. As of July 1, 2023, Florida courts can no longer award permanent alimony in divorces filed after the law took effect.

That doesn’t mean, however, that permanent alimony has completely disappeared. Many people who were awarded permanent alimony before the law changed continue to receive those payments today. The 2023 legislation did not automatically terminate existing court orders.

When did Florida get rid of permanent alimony?

Florida eliminated permanent alimony on July 1, 2023, when Governor Ron DeSantis signed Senate Bill 1416, which substantially amended Florida Statutes § 61.08, the state’s primary alimony law.

The legislation followed years of debate over alimony reform. Similar bills had been introduced several times before, but previous versions were either vetoed or failed to become law.

Supporters argued that Florida’s alimony laws needed to be modernized to better reflect today’s workforce and provide more consistency in divorce cases. Opponents expressed concern that eliminating permanent alimony could make it more difficult for financially dependent spouses, particularly older adults and people with disabilities, to maintain financial stability after divorce.

Regardless of where people stood on the issue, the amendments significantly changed how courts determine alimony in new divorce cases.

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What is the new alimony law in Florida?

Florida’s current alimony law, found in Florida Statutes § 61.08, was last amended in 2023.

The most significant change was eliminating permanent alimony for divorces filed after July 1, 2023. Instead, courts can now award temporary, bridge-the-gap, rehabilitative, or durational alimony, depending on the circumstances of the case.

The revised law also:

  • Established new definitions for short-, moderate-, and long-term marriages
  • Created guidelines for how long durational alimony can last
  • Revised how courts evaluate retirement when considering whether alimony should be modified or terminated
  • Updated the factors courts consider when determining the amount of alimony

Please note that although the revised statute provides more structure than the previous law, judges still have discretion when evaluating each family’s unique financial circumstances.

What are the four types of alimony in Florida?

Florida courts can award several types of spousal support depending on the circumstances. Each serves a different purpose and is intended to address a specific financial need.

Temporary alimony

Temporary alimony provides financial support while a divorce is pending. It helps ensure that both spouses can meet their financial obligations until the court enters a final judgment.

For example, if one spouse was the family’s primary wage earner while the other had little or no income, temporary alimony may help cover living expenses until the divorce is finalized.

Bridge-the-gap alimony

Bridge-the-gap alimony is designed to help a spouse transition from married life to single life by covering short-term, identifiable needs. Bridge-the-gap alimony cannot exceed 2 years and generally cannot be modified once it is awarded.

For example, a spouse who needs assistance paying rent, purchasing a vehicle, or covering other immediate expenses while adjusting to living independently may qualify for this type of support.

Rehabilitative alimony

Rehabilitative alimony is intended to help a spouse become financially self-supporting. To receive this type of alimony, the requesting spouse must present a specific rehabilitation plan outlining the education, training, work experience, or credentials needed to increase their earning capacity.

For example, a spouse who left the workforce several years ago may receive rehabilitative alimony while completing a nursing program or renewing a professional license.

Durational alimony

Durational alimony provides financial support for a set period of time when one spouse has a demonstrated need for assistance.

This is now the type of alimony most often discussed in longer-term Florida divorces. The amount and duration depend on several factors, including the length of the marriage, each spouse’s financial resources, their earning abilities, and the standard of living established during the marriage.

What is the longest alimony can last in Florida?

Under Florida Statutes § 61.08, the maximum duration of alimony generally depends on the length of the marriage.

In most cases, durational alimony cannot exceed:

  • 50% of the length of a short-term marriage (defined as less than 10 years)
  • 60% of the length of a moderate-term marriage (defined as 10 to less than 20 years)
  • 75% of the length of a long-term marriage (defined as 20 years or more)

For example:

  • An 8-year marriage would generally allow up to 4 years of durational alimony (50% of marriage).
  • A 15-year marriage would generally allow up to 9 years (60% of marriage).
  • A 24-year marriage would generally allow up to 18 years (75% of marriage).

These limits are not absolute. If exceptional circumstances exist, the court may award durational alimony for a longer period.

When might a spouse in Florida be able to get alimony for the rest of their life?

Although Florida no longer awards permanent alimony in new divorce cases, there are situations where a durational alimony award could realistically last for the remainder of a person’s life.

For example, imagine a couple divorcing after a 35-year marriage. They married when both spouses were 20 years old and are now 55. One spouse has a permanent disability that prevents them from working and leaves them with little realistic chance of becoming financially self-supporting. 

Under the general rule, durational alimony would typically be limited to about 26 years (75% of a 35-year marriage). However, because the disability may qualify as an exceptional circumstance under Florida law, the court could award alimony for a longer period. 

If the judge ordered support for 35 or even 40 years (instead of 26 years), the recipient would be 90 or 95 years old when the payments ended. Although the award would not be considered permanent alimony, it could effectively provide financial support for the remainder of that person’s life.

While every case is different, courts may consider factors such as age, health, earning capacity, and the length of the marriage when determining the appropriate amount and duration of alimony.

In some cases, that end date may be far enough in the future that the recipient effectively receives financial support for the rest of their life even though Florida can no longer order alimony permanently.

Can permanent alimony ordered before the Florida law change be reversed?

Yes—but not because Florida eliminated permanent alimony.

If you were awarded permanent alimony before July 1, 2023, or were ordered to pay it, the 2023 changes to Florida’s alimony law do not, by themselves, provide a basis for changing your existing court order.

That doesn’t mean an existing award can never be modified or terminated. For example, retirement, a substantial change in financial circumstances, remarriage, a supportive relationship, or another qualifying event may justify asking the court to modify an existing alimony award.

In short, the 2023 law is not retroactive. 

Existing permanent alimony awards can still be modified or terminated when there’s a legally recognized basis for doing so, but not simply because Florida eliminated permanent alimony in new divorce cases.

If you have questions about modifying an existing alimony order, an experienced Fort Lauderdale family law attorney can evaluate your circumstances and explain your legal options.

Have questions about alimony in your Florida divorce?

Whether you’re concerned about paying alimony, seeking financial support, or wondering how the law applies to an existing court order, the experienced Fort Lauderdale alimony attorneys at Shemtov Hillstrom can help.

With extensive courtroom experience and a background prosecuting complex financial crimes, our team understands how to analyze financial records and present persuasive evidence in high-stakes divorce and alimony disputes. 

Learn more about how we can help get a fair resolution in your Florida divorce by scheduling a free consultation with Shemtov Hillstrom today.

When Can One Parent Be Awarded Sole Parental Responsibility in Florida?

Learn what makes a parent unfit, why Florida courts might award one parent full custody, and the steps required to seek it

Key points about sole custody and parental responsibility in Florida:

  • Florida courts begin with a presumption that equal time-sharing is in a child’s best interests and generally favor shared parental responsibility.
  • Disagreements between parents alone are rarely enough to justify one parent having sole custody or decision making authority.
  • Obtaining full custody typically requires strong evidence of abuse, neglect, domestic violence, substance abuse, or abandonment.
  • Parents seeking sole custody may need to participate in mediation before a court hearing.

Parents going through a divorce or custody dispute often have questions about whether Florida is a “50/50 custody state” and what it takes to obtain sole custody of a child. 

While Florida law generally prefers that both parents are involved in a child’s life, there are situations where one parent may seek greater decision-making authority or a parenting arrangement that significantly limits the other parent’s involvement.

In this article, we’ll explain how Florida courts approach custody matters, when sole parental responsibility may be appropriate under Florida law, what evidence may be needed to show a parent is unfit, and what steps are involved in seeking a parenting arrangement that protects your child’s best interests.

If you need help with a custody dispute in Florida, schedule a free consultation with the Fort Lauderdale child custody attorneys at Shemtov Hillstrom. We can help you understand your rights, evaluate your options, and advocate for your child’s best interests.

Is FL a 50/50 custody state?

Florida does not require a strict 50/50 custody arrangement in every case. However, Florida law generally starts from the position that children benefit from having frequent and continuing contact with both parents whenever possible.

The state also favors shared parental responsibility in most cases. 

Shared parental responsibility means both parents retain full parental rights and responsibilities and are expected to consult with one another when making major decisions affecting the child. This can include decisions involving education, health care, religion, and other important aspects of the child’s upbringing.

While equal time-sharing is common, the court’s primary focus is always the child’s best interests. As a result, parenting schedules and involvement can vary significantly depending on the family’s circumstances.

Can I get sole custody of my child in Florida?

Yes, but the term “sole custody” is no longer commonly used in Florida family courts.

Instead, Florida courts typically refer to sole parental responsibility. This means one parent has the authority to make major decisions for the child without needing the other parent’s agreement.

In some cases, a court may also order a time-sharing arrangement that gives one parent substantially more parenting time than the other. However, Florida courts generally prefer arrangements that allow both parents to remain involved in a child’s life unless there is a compelling reason to limit one parent’s role.

How hard is it to get sole custody in Florida?

In many cases, obtaining sole parental responsibility is difficult. Florida law favors shared parental responsibility whenever it is in the child’s best interests. 

To overcome that presumption, a parent typically must present evidence showing that shared decision-making would be harmful to the child.

The court will closely examine the facts of the case and the child’s needs before limiting a parent’s rights. Disagreements between parents, personality conflicts, or different parenting styles are usually not enough by themselves to justify sole parental responsibility.

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How to prove a parent is unfit in Florida

When evaluating whether a parent is legally “unfit,” Florida courts look at whether a parent’s behavior places the child’s safety, health, emotional well-being, or overall welfare at risk.

Examples of situations that may raise concerns include:

  • Physical abuse, emotional abuse, or neglect, such as hitting a child, making threats, withholding food or medical care, failing to provide appropriate supervision, or exposing a child to unsafe living conditions
  • Domestic violence involving the child or another household member, particularly when the child witnesses the abuse or is exposed to ongoing violence in the home
  • Drug or alcohol abuse that affects the parent’s ability to safely care for the child, such as driving under the influence with the child in the vehicle, abusing prescription medications, or regularly becoming intoxicated while responsible for the child’s care
  • Serious mental health issues that significantly impair the parent’s ability to provide a stable and safe environment for the child
  • Abandoning the child, failing to maintain a relationship with the child, or repeatedly missing scheduled visits without a valid reason
  • Exposing the child to dangerous individuals, criminal activity, or illegal drug use
  • Repeatedly violating court orders involving the child, such as refusing to return the child after visitation, interfering with the other parent’s court-ordered time-sharing, or disregarding key parenting plan requirements
  • Attempting to damage or interfere with the child’s relationship with the other parent through manipulation, false allegations, or repeated efforts to alienate the child from the other parent

It’s important to understand that courts generally require evidence, not just accusations. Depending on the circumstances, relevant evidence may include:

  • Photographs
  • Witness testimony
  • Text messages
  • Social media posts
  • Findings from investigations conducted by the Florida Department of Children and Families (DCF)

Ultimately, the court’s focus is not on whether a parent is perfect. The question is whether the parent’s conduct is likely to harm the child or whether granting that parent shared parental responsibility would not be in the child’s best interests.

How do I get full custody of my child in Florida?

If you are seeking sole parental responsibility or a parenting arrangement that significantly limits the other parent’s involvement, you will need to ask the family court for that outcome and present evidence supporting your request.

Here is what the process typically involves:

  • Filing the appropriate paperwork with the family court. You can find the necessary family law forms on the Florida Courts system website.
  • Requesting sole parental responsibility or a parenting plan that limits the other parent’s time-sharing or decision-making authority.
  • Explaining why the arrangement you are seeking is in your child’s best interests.
  • Gathering evidence that supports your concerns about the other parent’s ability to safely care for the child.
  • Participating in mediation, which Florida courts often require before a custody dispute goes to trial.
  • Presenting evidence and witness testimony to a judge if the parents cannot reach an agreement.

Keep in mind that the specific forms required depend on whether custody is being addressed as part of a divorce, a paternity case, or a request to modify an existing parenting plan. 

After you file the required forms, you must be prepared to present evidence showing why shared parental responsibility would not be in your child’s best interests and why the arrangement you are requesting would better protect your child’s well-being.

Can I file for custody online in Florida?

In many Florida counties, family law forms and other court documents can be filed electronically through the Florida Courts E-Filing Portal. However, filing paperwork online is only one small part of a child custody case.

The more important issue is making sure the correct requests are included in your filings and that you have evidence to support them. 

For example, if you are seeking sole parental responsibility because of substance abuse, domestic violence, neglect, or another serious concern, you must clearly present those allegations and be prepared to prove them.

That’s why many parents choose to have an experienced Fort Lauderdale family law attorney help them with the process. 

Your attorney can help you identify the strongest legal arguments, gather supporting evidence, prepare court filings, negotiate with the other parent, and represent you during mediation, hearings, and trial if necessary.

Looking for the best child custody attorneys in Fort Lauderdale?

Whether you are seeking shared parental responsibility, requesting sole parental responsibility, or trying to protect your child from an unsafe situation, having the right legal representation can make a significant difference.

At Shemtov Hillstrom, we prepare every custody case as if it may ultimately be decided by a judge. Tal Shemtov‘s experience as a former Broward County prosecutor and Carter Hillstrom‘s background as a former assistant state attorney who has handled more than 90 jury trials and over 1,000 bench trials provide clients with a level of courtroom experience few family law firms can match.

While many custody disputes are resolved through negotiation, effective negotiation often begins with thorough preparation and a willingness to litigate when necessary. Our team is committed to building strong cases, protecting parental rights, and advocating for outcomes that serve our clients’ and their children’s best interests.

Schedule a free consultation with the Fort Lauderdale child custody attorneys at Shemtov Hillstrom today to discuss your situation and learn how we can help.

Does a Dad Have Any Parental Rights if He’s Not on the Birth Certificate in FL?

Learn how fathers can establish paternity in Florida, request court-ordered DNA testing, and obtain parental rights

Key points about fathers’ rights and paternity in Florida:

  • A biological father does not automatically have parental rights under Florida law.
  • If a father’s name is not on the birth certificate, legal paternity needs to be established before he can seek paternal rights through the court.
  • A father can ask a Florida court to establish paternity even if the mother does not agree.
  • Paternity can be established through a voluntary acknowledgment by both parents or a court proceeding.
  • Courts commonly use DNA testing to determine whether a man is the biological father of a child.

Many fathers are surprised to learn that being a child’s biological father does not automatically give them enforceable parental rights under Florida law. 

If a father is not listed on the birth certificate or paternity has not been legally established, he may be unable to participate in making important decisions about his child’s upbringing or even spend time with his child.

Fortunately, Florida law provides a path for fathers to become legally recognized as a child’s father and seek time-sharing, parental responsibility, and other parental rights even when they’re not on the birth certificate.

In this article, we’ll explain how paternity is established in Florida, how long fathers have to take legal action, and what rights they may have once paternity is established.

If you have questions about establishing paternity, obtaining a court-ordered DNA test, or protecting your relationship with your child, schedule a free consultation with the Fort Lauderdale paternity attorneys at Shemtov Hillstrom to discuss your options.

What does it mean if a father isn’t designated on a birth certificate?

If a father’s name does not appear on a child’s birth certificate, it generally means legal paternity has not yet been formally established.

This does not necessarily mean the man is not the child’s biological father. It simply means there may not yet be a legal determination recognizing him as the father. 

For unmarried parents, being listed on the birth certificate and being legally recognized as the father are closely related issues, but they are not always the same thing.

Do dads in Florida have any rights if they’re not on the birth certificate?

Potentially, yes—but an unmarried father whose name is not on the birth certificate will need to establish paternity before he will be granted any parental rights through the court.

This means that until paternity is legally established, a father generally cannot obtain court-ordered time-sharing, seek shared parental responsibility, or ask a judge to enforce his right to be involved in major decisions affecting the child’s life.

The good news is that being left off the birth certificate does not prevent a father from establishing paternity. 

Once paternity is legally recognized, he can pursue the same parental rights and responsibilities available to other legal parents under Florida law.

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Can a father establish paternity without the mother in Florida?

Yes. If the mother does not agree to voluntarily acknowledge paternity, a father can file a paternity action with the court. The court has the authority to order genetic testing and determine whether the man is the child’s legal father.

In other words, a father does not need the mother’s permission to ask a court to establish paternity, but he will need to follow the legal process.

How do you establish paternity in Florida?

There are two primary ways to establish paternity in Florida.

The first is through a voluntary acknowledgment of paternity. This typically happens when both parents agree on the child’s parentage and sign a legal form acknowledging that the man is the father. Once properly completed and filed, this creates a legal father-child relationship.

The second is through a paternity lawsuit. If there is a disagreement about parentage, or if one parent refuses to cooperate, either party can file a petition asking the court to establish paternity. 

The court typically orders DNA testing to determine whether the man is the biological father. If the test confirms paternity, the court can enter an order legally recognizing the father-child relationship.

How long does a father have to establish paternity in Florida?

Generally, a father in Florida can seek to establish paternity any time before the child turns 18. However, waiting can make issues involving time-sharing, parental responsibility, and child support more complicated, so it is usually best to begin the process as early as possible.

What evidence is needed in paternity court?

In disputed paternity cases, court-ordered DNA testing is used to determine whether a man is the biological father of a child.

If one party requests testing, the court can order the mother, child, and alleged father to submit DNA samples. Modern genetic testing is highly accurate and typically resolves the question of biological parentage.

What rights do men have when they establish paternity in Florida?

Establishing paternity does not automatically guarantee a father a specific custody schedule, but it does give him the legal standing to seek parental rights through the court.

Florida law generally starts from the position that children benefit from having frequent and continuing contact with both parents whenever possible. 

Once paternity is established, a father has the same ability as a mother to ask the court for time-sharing and parental responsibility.

Depending on the circumstances, a father may be able to seek:

  • A parenting plan and time-sharing schedule
  • Shared parental responsibility for major decisions involving the child’s education, health care, and upbringing
  • Access to school, medical, and other important records
  • The right to participate in decisions affecting the child’s welfare
  • Court orders protecting his relationship with the child

In addition to providing fathers with legal rights, establishing paternity also creates financial responsibilities, including potential child support obligations.

Do I need a lawyer to get a court-ordered paternity test in Florida?

No, you are not legally required to hire an attorney to request a court-ordered paternity test. However, paternity cases often involve much more than simply determining whether a man is the biological father of a child. 

An experienced Fort Lauderdale family law lawyer can help prepare and file the necessary court documents, request genetic testing, and advocate for your interests throughout the case. 

Once paternity is established, your attorney can also help you pursue a parenting plan, seek time-sharing rights, address child support issues, and work to protect your relationship with your child moving forward.

Need help establishing your parental rights in Fort Lauderdale?

For most fathers, establishing paternity is about much more than a birth certificate or a DNA test. 

Whether you’re trying to obtain a court-ordered DNA test or establish a time-sharing arrangement so you can spend time with your child, Shemtov Hillstrom can help you understand your legal options and take the proper steps from the beginning.

Our Fort Lauderdale paternity attorneys help fathers navigate the paternity process and advocate for their parental rights. 

Schedule a free consultation with Shemtov Hillstrom today to discuss your situation and learn how we can help you protect your relationship with your child.

Understanding the Ketubah & the Get: Jewish Marriage and Divorce in Law

Explore the meaning of the Ketubah, the process of giving a Get, and why Halachic prenuptial agreements are essential in protecting both spouses’ rights

Key points about Ketubahs, Gets, and Halachic prenuptial agreements in Jewish marriage and divorce:

  • A Ketubah is a traditional Jewish marriage contract outlining the husband’s obligations to his wife, including support, respect, and financial responsibilities.
  • Under Halacha, a marriage without a Ketubah is considered incomplete—it serves as proof of marriage and protects the wife’s rights.
  • In the U.S., the Ketubah is usually symbolic rather than legally binding, though it may be enforceable if written in secular terms.
  • A Get is the religious document required to finalize a Jewish divorce under Halacha, even after a civil divorce is granted.
  • Without a Get, a couple remains married under Jewish law, and the woman becomes an Agunah (“chained woman”), unable to remarry within Judaism.
  • The Halachic prenup bridges civil and religious systems, requiring cooperation in obtaining a Get and imposing financial consequences for refusal.

The Ketubah: a sacred contract

A Ketubah (כתובה) is the traditional Jewish marriage contract that lies at the heart of a Jewish wedding. Written in Aramaic or Hebrew, it outlines the husband’s obligations to his wife, including financial support, respect, and marital duties, and specifies the compensation due to her in the event of divorce or his death.

Among different Jewish communities, customs surrounding the Ketubah vary beautifully. In Ashkenazic tradition, it is common for the couple to frame and proudly display their Ketubah in the home, often as a piece of Judaic art symbolizing their shared covenant and the sanctity of their marriage. 

In contrast, many Sephardic families follow the longstanding custom of entrusting the Ketubah to the bride’s mother for safekeeping. This reflects the deep respect accorded to parents and the belief that the document should be guarded carefully, as it is both a sacred and legal record of the marriage. 

The differing practices highlight how Jewish communities blend Halachic obligation with cultural expression, honoring the Ketubah as both a spiritual contract and a cherished family heirloom.

But the Ketubah is more than art—it is a binding religious document rooted in Jewish law (Halacha). 

It ensures that the marriage is entered into with clear commitments and that the wife’s rights are safeguarded. Under Halacha, a marriage without a Ketubah is considered incomplete. The document:

  • Serves as proof of the couple’s Halachic marriage;
  • Defines the husband’s ongoing obligations;
  • Establishes a monetary amount payable if the marriage ends;
  • Acts as a deterrent to impulsive divorce by imposing financial responsibility.

The Ketubah in American civil law: Is the Ketubah legally binding?

In the United States, the Ketubah is primarily regarded as a symbolic or religious document, rather than a legally enforceable contract. While it represents the couple’s mutual commitment and the husband’s Halakhic obligations toward his wife, American civil courts generally cannot interpret or enforce its terms because they are rooted in religious law.

However, there are limited circumstances in which a Ketubah may be treated as a civil contract, such as if:

  1. Its terms are clearly defined in secular terms, and
  2. Enforcement does not require interpretation of religious doctrine.

Is a Ketubah like a prenup?

No, in most cases, it is viewed as a symbolic or moral contract, not a legal one. That’s why many Jewish couples today sign both:

  • A Ketubah for religious purposes, and
  • A Halachic prenuptial agreement (recognized by both rabbinic authorities and U.S. law) to prevent situations of Get-refusal and to ensure civil enforceability.

What is the process of giving a Get?

In a Jewish divorce, the dissolution of the marriage is not complete under Halacha (Jewish law) until the couple appears before a Beit Din (Jewish religious court) and the husband delivers a Get, a formal bill of divorce, to his wife. 

This ceremony, conducted under rabbinic supervision, is usually straightforward when both parties agree to cooperate. Once the Get is given and accepted, the marriage is considered fully dissolved in Jewish law.

However, the process becomes complex when the husband refuses to give a Get. Under halakhic procedure, only the husband can initiate the religious divorce; a woman cannot give herself a Get, nor can she independently petition for one. 

When a husband refuses to participate, the wife remains legally married under Jewish law, regardless of her civil divorce status. 

Such a woman is called an Agunah (literally, “a chained woman”). She is bound to a marriage that no longer exists in practice, unable to remarry within the faith, and any future children she might have would carry a problematic halakhic status known as mamzerut, restricting their ability to marry within the Jewish community. 

This situation, referred to as Get refusal, is one of the most painful and unjust outcomes that can arise in the overlap between Jewish and civil law.

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Why is a Halachic prenuptial agreement important?

In modern times, Batei Din (Jewish courts) generally defer to American civil courts on issues such as property distribution, financial support (child support and alimony), and child custody. Their primary role is to unbind the couple halakhically, enabling them to remarry within Judaism. 

The Beit Din typically does not attempt to divide marital assets or determine time-sharing, recognizing that those areas fall under the jurisdiction of civil family courts. This separation helps maintain harmony between church and state, but it also means that religious divorce offers no financial or custodial protections on its own. 

A woman may receive her Get but still rely entirely on the secular courts for enforcement of support, property division, or parenting arrangements.

Because of these gaps between religious and civil law, the Halakhic prenuptial agreement has become an essential modern safeguard. Drafted in plain legal language and recognized under U.S. contract law, this agreement requires both spouses to appear before a Beit Din in the event of marital breakdown and can impose financial consequences on a spouse who refuses to cooperate in granting a Get. 

The Halakhic prenup ensures fairness and prevents abuse by aligning civil enforceability with religious obligation. It protects both spouses’ dignity, preserves the integrity of the Jewish marriage process, and provides critical legal recourse in a system where civil and religious jurisdictions rarely overlap.

The Get: the Jewish divorce document

A Get (גט) is the religious document required to formally dissolve a Jewish marriage under Halacha.
Even if a couple is legally divorced in civil court, their marriage remains valid under Jewish law until the husband delivers, and the wife accepts, a Get, traditionally written by a qualified scribe (sofer) under rabbinic supervision.

Without a Get:

  • The couple is still considered married under Jewish law.
  • The woman cannot remarry within Judaism.
  • Any future children she has could face serious Halachic status issues (mamzerut).

Because of this, obtaining a Get is not just a religious formality—it is a vital legal and moral step in completing the marriage process in the eyes of Jewish law.

What do you do with a ketubah after a divorce?

Once a divorce occurs and the obligations of the Ketubah have been met, the document itself no longer carries legal or Halachic effect.

According to rabbinic sources and Halachic discussion:

  • The husband may retain the Ketubah to show proof that he fulfilled his obligations; or
  • The wife may keep it after signing a shovar (receipt) confirming that she received the amount owed.

In short, after the religious and financial aspects are settled, the Ketubah becomes a historic or sentimental document, not a living legal instrument.

The interplay between Jewish and American law

In the United States, Jewish marriage and divorce create a dual framework:

  • Religious: The Ketubah and Get establish marriage and divorce under Halacha.
  • Civil: Marriage licenses, divorce decrees, and support orders establish legal status under U.S. law.

For observant Jewish couples, both frameworks must be completed for a marriage to begin and end properly. At the same time, because civil courts cannot compel a religious act, such as issuing a Get, having clear civil agreements (like the Beth Din of America Halachic Prenup) ensures both faith and fairness are upheld.

Need help navigating Halachic and American civil law issues in Fort Lauderdale?

At Shemtov Hillstrom, we understand that for observant Jewish families, marriage and divorce are not just legal events—they are deeply spiritual commitments governed by centuries of tradition.

As an Orthodox Jewish divorce attorney in Fort Lauderdale, Tal Shemtov brings a deep understanding of both civil and Halachic processes. She provides clients with the guidance needed to ensure every step—from civil filings to obtaining a Get—is handled with legal precision, cultural sensitivity, and respect for Jewish law.

Whether you are preparing for marriage, considering a Halachic prenup, or navigating a divorce where a Get is required, our team can help you bridge Jewish and American law with compassion, dignity, and clarity.

Learn more by scheduling a free consultation with Shemtov Hillstrom today.