Is a wife who has lived separately from her husband for many years entitled to sue him retroactively for maintenance , and can she sue him for maintenance while they are still married, if they are both Jewish ?
By: דיאנה שאלתיאל•Published on: 16 May, 2022As a rule a wife is entitled to maintenance while she remains married to her husband, even if they are separated, under Jewish law. However, where she many years have elapsed since they lived together and she did not sue him for maintenance during this period, then she will probably be regarded as having forfeited that right to the ‘lost’ maintenance. Regarding the future, however, her right to maintenance will depend on the particular circumstances of their separation. If , for example, she committed adultery and left him for another man, then she will lose her right to maintenance, but if he drove her out of the home through his unreasonable behaviour, or he refuses to grant her a divorce, for example, then she will not lose her right to maintenance from him as long as they remain married.