The court was also asked to take into account the fact that the defendant has a budgetary pension, the plaintiff is independent and dependent on a contract that is renewed from year to year, the defendant has worked all these years and developed a career, and this is not a spouse who gave up his development in favor of the development of the other spouse.
- In the defendant's summaries it was argued that the dispute is legal, whether the court's authority in section 8(2) of the Property Relations between Spouses Law, 5733-1973 should be used and a division that is not half by half should be determined. It was argued that there is no dispute that the sum of NIS 1,137,500 in inheritance money was received and the apartment was registered in the name of both parties, and therefore this is the dispute that remains. The defendant referred to a ruling that permitted an unequal distribution and petitioned to return the inheritance money to the defendant from the parties' resources.
It was argued that weight should be given to the sources of funding and that a deviation from the precedent ruled in other municipal applications 66/88 Tamar Decker v. Felix Decker, 33(1) 122, the defendant referred to the judgment of this panel in the Family Case (Haifa) proceeding 52556-07-15 Y.H. v. L.H.A., [Nevo] dated January 24, 2018. The defendant emphasized that they had been married for 16 years but had lived in the apartment for only 6 years before the rupture, and that the surrogacy process was also financed from inheritance funds (at the expense of inheritance), the large sums and the plaintiff's lack of personal capital. In this regard, the defendant also referred to the fact that in relation to her claim for compensation for wage differences, it was claimed that the duration of the marriage was not long, and in relation to her claim for unequal division, it was claimed that the duration of the marriage was long – and therefore these are contradictory claims. Regarding the plaintiff's earnings gaps , the rate of 16% for 16 years of marriage, according to NIS 19,788 per year. The number of years was left to the discretion of the court.