A tort claim in divorce proceedings: when ending the relationship also includes compensation

In a divorce, alongside the familiar aspects such as custody, support or the division of property, a tort claim may also arise: a claim for monetary compensation for harm caused by the spouse during the shared life or at the end of the relationship. The Halevi • Levi law office, which specializes in family law and torts, represents claimants and defendants in divorce proceedings that also involve tort grounds.

What is a tort claim in divorce?

A tort claim within a divorce is intended to recognize harm that is not only emotional or moral, but that also has legal and financial consequences. It can rest on various grounds, such as:

Breach of promise to marry.

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

Emotional, verbal, or physical violence.

Defamation, invasion of privacy or the distribution of personal content.

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

From the Case Law

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

When should you consider filing a tort claim?

If the spouse refused to give a Get or applied improper pressure.

If there were documented incidents of abuse (recordings, correspondence, witnesses).

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

If marriage was promised and harm was caused as a result of 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: a tort claim in divorce

Does every delay of a Get entitle a party to compensation?

Not necessarily. Compensation is awarded if the rabbinical court has ruled that the other party must give a Get and that party refused without justified cause. Actual harm and a prolonged delay must be proved.

Can a claim be brought over infidelity?

Infidelity in itself is not a ground in tort, but if it was accompanied by further harm, such as the distribution of intimate content or humiliation, a claim may be considered.

What is the amount of compensation that can be received?

Awards range from tens to hundreds of thousands of shekels, according to the severity of the harm and the evidence.

Can a tort claim be brought in the Family Court?

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

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.