Cohabitation

In principle, yes, if the creditors sue the common-law spouse in court, and can prove that he/she was cohabiting with someone, then the fellow-cohabitee is liable for debts arising during the period of their cohabitation. The joint responsibility is not automatic; cohabitee status must be proved in court.

Once she  has proved her status and an intention to share property ,their rights are similar – but she must overcome a huge hurdle first. A married woman’s husband cannot deny his wife’s claim to partnership regarding marital property because she does not have to prove her status. In contrast, the boyfriend of a cohabitee can deny the substance of their relationship and the onus is on her to prove she has the status of a common-law wife. Even when she proves that, she must prove either a general intention to share property during the period of cohabitation, or an intention to share a specific property.

If she does manage to prove all this, then as a common-law wife she is entitled to half of the property acquired during the period of  cohabitation. The rights of a cohabiting woman who has not entered into a property relations agreement – but who has proved her status as a common-law wife and the required intention to share property- are similar to those of a woman who married before 1974.

If a husband walks out on his wife and they were both married according to Jewish law, she is entitled to maintenance , until such time as they divorce. However, if a Jewish woman cohabits with a Jewish man without marriage she is not entitled to maintenance from him if they split up, unless she can prove there was an agreement between them regarding this . If the couple make a written agreement which covers the issue of maintenance then this is advantageous to the woman, but if the agreement is oral it will be more difficult to prove.

Being married to a man according to Jewish law provides a woman with more financial security in terms of being supported by him, than would be the case if she were to cohabit with him outside marriage. A Jewish woman who could have married her Jewish husband according to religious law but chose to marry in a civil ceremony is in a better position than she would be if she merely cohabited with him, but is in an inferior position compared to a wife married in a traditional Jewish ceremony. This is because their marriage is unrecognized by Jewish law and she has no automatic right to maintenance based on it. She must look to civil law for her right to support. This is more egalitarian than Jewish law, and takes her own income into account.