Joint business

Many married couples choose to work together if they are in a joint business as full partners or if one side seems to work as a spouse's employee and receives a monthly salary, such as the husband's boss as the actual status of the job – but the salaries they earn are actually calculated as joint income for the family. For the most part, when a couple who works together gets divorced, there is a fact that one of them leaves the business, whether he is fired or willed. Many do not know what the rights of the dismissed / resigning party are, are they entitled to severance pay and other workers' rights in Israel? How do you deal with complex dismissal when you are actually divorcing the boss?

Rights of the dismissed spouse – employee rights

When a spouse works together and at the time of divorce one of them leaves or is fired by the other – he will be legally entitled to all the workers' rights, including severance pay according to seniority in the family business, prior notice and hearing, redemption of vacation days. In the event that the discharged party is not given all of its rights or not, the full amount of the money to which it is entitled will be entitled to sue the spouse in the Labor Court (and not in the Family Court), as is the case in any other case in which employer-employee relations were held without family ties. (Except in cases where it turns out that the woman was a fictitious employee in the business (a criminal offense) and then it is possible that the lawsuit will be referred to the Family Court).

Severance pay – distribution of property

The Family Court is authorized to discuss the issue of severance pay only in the context of the division of property and the calculation of child and woman support. Under the provisions of the Law for the Distribution of Property in Divorce, the dismissing party is entitled to half of the severance pay to which the discharged spouse is entitled, but at the same time the dismissed party has the right to demand from the spouse of the business owner the financial value of half of the business built over the years The joint marriage – since, according to the husband's business law, is a family business and belongs to both of them, both the severance pay and the business itself, the value of the reputation and the career assets will be weighted in the process of balancing the two spouses' common property.

It is important to emphasize that the legal system is careful to examine each case on its own, but in general, when a woman is fired by the owner of the business who is also her husband, the matter will usually be regarded as a unilateral change in the woman's employment and economic situation compared with the days of marriage and cohabitation – Child and woman foods are higher than the minimum prescribed by law.

alimony women's rights

It is important to emphasize that in cases where the woman voluntarily resigns from the family business, the court's tendency is to determine lower child support payments: the court will examine the woman's earning ability and the ability to find and integrate into another job only if it is found that the reason for the dismissal is a direct result of the divorce process In her ability to find a new job, she will be sentenced to child support. The sweeping recommendation by an expert in the field is to prevent claims by a pre-written financial agreement or by a divorce agreement that is made in mutual understanding and agreement, in which the dismissed spouse waives any future claim for work with his spouse, Family and labor courts.

Risk exploitation of women

In labor law cases, "when divorcing the boss" will take into account the risks and concessions of the woman on her rights and personal development in the framework of working with her husband: In many cases, the woman works for free or fee to save the payments that the husband (owner of the business) If she worked with him without any relationship with him, the professional status of the woman is often perceived as inferior and unprofessional compared to the man (although in practice she functions as a multi-tasking, expert and expert in all branches of the business) – a fact that affects the value of her contribution to the business and its professional reputation in the labor market, The economic status of the woman who often A worker without binding conditions in the law (advanced training fund, pension, etc.) that it "is a family business and the income allegedly shared"

(A situation in which both spouses are guilty and not only the man, since the woman is aware of it and agrees to do so). It is important to emphasize that an inferior economic status in fact endangers the woman's economic future in the event of divorce and all that she has invested in the business – will not be considered and will not be assessed financially at the time of the divorce and she may remain without anything.

To summarize this article, it is important to stress first that spouses working together must respect all labor laws and employee rights, or alternatively ensure equal partnership in the business for both parties, so promise and save yourself exhausting and destructive claims if, God forbid, you get into a divorce crisis. However, if you are facing a divorce and you work together without the above recommendations, it is very important to use the services of an expert in divorce law, labor law and property distribution, who can provide professional legal advice based on extensive experience and familiarity with the field, The divorce will be the best for you, providing the required information, as immediate and broad as possible, using a smart strategy, knowledge and tools to negotiate and will provide answers to the difficulties and dilemmas that accompany the process

We will be happy to be at your service at any time.