[Avodah] kesuvah

[Arie Folger]

RAM wrote:
> I'm not clear on what "negotiated settlement" you are talking about.
>
> If you are referring to some sort of payment which is paid when the
> get is given, why does it "silently" include the kesubah? Why isn't
> this made explicit?
>
> Alternatively, if you are referring to payments made in conjunction
> with the civil divorce, then I am VERY confused, because in many
> cases the civil divorce occurs long after the get is given. What
> happens to the kesuba in such cases?

Husband and wife have the right to wait with the get giving/accepting until 
financial issues have been resolved, the Beth Din of America's hope to the 
contrary notwithstanding. Hopefully this negotiating is done is Beit Din, 
though a negotiation between lawyers without litigation is just as fine. 
Litigation in court without hetter archa'ot is, of course, a violation of 
veeleh hamishpatim ahser tassim lifneihem - velo lifnei BD shel AKUM. (or 
whatever the exact wording is - I am quoting from memory.)

Either way, including when the get is given prior to any settlement, seder 
haget includes asking the parties whether they have settled all financial 
issues or, alternatively, are ready to do a get before settling the financial 
matters. Hence, either way, the ketubah is part of financial negotiations.
-- 
Arie Folger
http://www.ariefolger.googlepages.com