The word “agunah” means “chained woman” in Hebrew—and it describes one of the most painful situations in Jewish family law. An agunah is a woman who remains religiously married to her husband despite being civilly divorced, unable to remarry within the Jewish community because her husband refuses to grant her a religious divorce document called a get.
At our Brooklyn Heights practice, we’ve seen firsthand how the halakhic prenuptial agreement prevents this tragedy. Here’s how this remarkable legal tool works to protect Jewish women.
The Agunah Crisis: Understanding the Problem
Under Jewish law (halakha), a marriage can only be dissolved when the husband willingly gives his wife a get. Unlike civil divorce, where a court can dissolve a marriage over one party’s objections, Jewish divorce requires the husband’s voluntary participation.
This creates a devastating power imbalance. A husband who wants to prevent his wife from moving on with her life can simply refuse to give the get.
The Human Cost
Religious isolation: She cannot remarry within the Orthodox Jewish community.
Children’s status: If she has children with another man while still religiously married, those children are considered mamzerim.
Psychological trauma: The combination of being legally free but religiously bound creates ongoing emotional suffering.
How the Halakhic Prenup Prevents Agunah Status
Mechanism 1: The Support Obligation
The husband agrees that if the couple separates and lives apart, he will pay his wife a daily sum—typically $150 per day—until either they reconcile or he gives her a proper get. At $150 per day, that’s $4,500 per month or $54,750 per year.
Mechanism 2: Binding Arbitration
The halakhic prenup includes an agreement that both parties will submit any get-related disputes to a Beth Din (rabbinical court), usually the Beth Din of America. This creates a structured process with expert decision-makers.
Legal Foundation: Why Courts Enforce It
The halakhic prenup works because it’s a contract, not a religious decree. The husband isn’t ordered to give a get—he’s held to a financial obligation he voluntarily assumed. Courts enforce the support payment as a purely civil matter.
For Those Already Married
If you’re already married without a halakhic prenup, you can sign a postnuptial halakhic agreement with similar provisions. Don’t wait until problems arise.
Taking Action
Every Orthodox wedding should include a halakhic prenup. If you’re engaged, talk to your chosson/kallah about the prenup early. If you’re already married, consider a postnuptial agreement.
Contact us for a consultation: Our Brooklyn Heights office serves the entire tri-state area. Call (718) 975-1123.