Court Urges Flexible Recognition of Common-Law Partners for Terror Victim Compensation

A labor court judge in Tel Aviv has called for a more flexible approach to recognizing common-law partners for compensation purposes for victims of hostile acts. Judge Tomer Silora ruled, albeit with reservations, that Karin Giz was the common-law partner of Shahar Ben-Naim, who was murdered at the Nova music festival on October 7. The National Insurance Institute initially recognized Giz but later revoked that decision.

Giz claimed she and Ben-Naim became a couple in March 2023, she became pregnant, and they had a daughter in November 2023. She stated they lived together, spent leisure time together, Ben-Naim was committed to her, and they intended to marry. Ben-Naim's mother had also recognized Giz as his partner, according to Giz, but changed her attitude after finding compromising content on his phone, leading her to believe they had separated.

The National Insurance Institute argued the couple had a "short, stormy, and tumultuous relationship," that Giz was involved with other men, and that she and Ben-Naim had been separated for a month and a half by October 7. They also claimed Ben-Naim had parallel relationships, they did not share a household, their wedding was canceled, and he planned to travel to Thailand alone.

Judge Silora referenced rulings concerning the partners of fallen soldiers, noting that in similar situations involving young couples whose relationships were cut short by violence in Israel, courts have often recognized their partnership. He emphasized the social purpose of compensation laws, which aim to alleviate the pain of surviving loved ones, not just financial loss, acknowledging the unique circumstances of life and death in Israel. Silora suggested that the criteria for recognizing common-law partners should be relaxed, especially given the diverse nature of relationships in Israel and the tendency for young couples to delay formalizing their unions.

While acknowledging Ben-Naim had children with three other women and was not financially stable, and Giz was emotional, the court focused on whether they were common-law partners based on their circumstances. Silora concluded that the rift between them before October 7 was temporary and that their relationship between March and October qualified them as common-law partners under existing legal precedents. Public representatives Ran Sharavani and Yael Sharon agreed with the ruling.