Tort Claims in Divorce Proceedings – When Dissolving the Relationship Also Includes Compensation

In a divorce, alongside the familiar aspects such as custody, support, or division of property, a tort claim may also arise – a claim for monetary compensation for harm caused by one's spouse during the shared life or upon the end of the relationship. Halevi • Levi Law Office, which specializes in family law and torts, represents both plaintiffs and defendants in divorce proceedings that also include tort causes of action.

What is a tort claim in divorce?

A tort claim within the framework of divorce is intended to recognize harm that is not only emotional or moral, but also carries legal and financial implications. It can be based on various causes of action, such as:

Breach of promise to marry.

Harm to autonomy (for example: coercing a Get, delaying a Get, or public humiliation).

Emotional, verbal, or physical violence.

Defamation, invasion of privacy, or dissemination of personal content.

The courts recognize the possibility of filing a tort claim alongside the family proceeding, at times even for significant sums – this as part of the broadening recognition of the individual's rights within the family unit.

From the Case Law

In a considerable number of rulings, the courts have held that compensation may be awarded for a prolonged delay of a Get, out of recognition of a woman's right to autonomy and a life of dignity. Similar rulings have also awarded compensation for economic violence, defamation, and even for sexual harm within the couple's relationship.

When should you consider filing a tort claim?

If your spouse refused to grant a Get or applied improper pressure.

If documented cases of abuse occurred (recordings, correspondence, witnesses).

If you were exposed to shaming or the dissemination of personal content.

If marriage was promised and harm resulted from the breach of that promise.

Filing such a claim requires precise legal planning, the gathering of evidence, and a deep understanding of both tort law and family law.

Frequently Asked Questions – Tort Claims in Divorce

Does every delay of a Get entitle you to compensation?

Not necessarily. Compensation will be granted if the Rabbinical Court ruled that the other party must grant a Get and they refused without justified cause. Actual harm and a prolonged delay must be proven.

Can you sue for infidelity?

Infidelity in itself is not a cause of action in tort, but if it was accompanied by additional harms – such as the dissemination of intimate content or humiliation – a claim may be considered.

What is the amount of compensation one can receive?

The compensation ranges from tens of thousands to hundreds of thousands of shekels, depending on the severity of the harm and the evidence.

Can tort claims be filed within the Family Court?

Yes. A tort claim between spouses is heard in the Family Court, and it is advisable for the attorney to draft a combined statement of claim that also includes property or parental components.

How long does the proceeding take?

On average about a year to a year and a half, depending on the court's caseload and the complexity of the evidence.