Is a woman’s right to maintenance from her husband dependent on the validity of her marriage where both parties are Jewish ?
By: דיאנה שאלתיאל•Published on: 16 May, 2022Until December 2003 the answer was yes. Where both parties were Jewish, the woman was entitled to maintenance from her husband if her marriage was valid according to Jewish law. A woman who married in a civil ceremony abroad was not entitled to maintenance from her husband even if they were both Jewish.
However, the answer is now no – even a Jewish woman who chooses to marry her Jewish husband in a civil ceremony is entitled to maintenance. A ground-breaking judgment of the Supreme Court severed the connection between status/validity of the marriage and the woman’s right to maintenance when it held that a Jewish woman who ‘ marries ‘ a Jewish man in a civil ceremony abroad is entitled to maintenance from him where they are citizens/residents of Israel.