In the Bernstein and Spalter cases, the New York Appellate Division affirmed that the validity of a marriage rests on meeting civil statutory requirements—not on religious practices—highlighting the critical role of legal compliance with marriage laws.
Certified legal document translation services, and deposition interpreter services and expert witnesses in Judaic matrimonial law are often indispensable when dealing with international and transnational marriages and divorces. Whether it is translating a ketubah handwritten in Aramaic and in Hebrew or translating a marriage certificate from Israel, France, or Japan, ensuring the court receives clear, certified English translations can mean the difference between recognition and dismissal.
What constitutes a legally valid marriage? While the question may seem straightforward, recent appellate cases out of New York demonstrate that the answer can be anything but simple—especially when religious ceremonies and out-of-state formalities are involved. Two cases, Bernstein v. Benchemoun and Spalter v. Spalter, illustrate how courts in New York determine whether a marriage exists for purposes of adjudicating divorce actions. These cases emphasize the importance of statutory compliance with marriage laws and clarify the boundaries between religious and civil recognition of marital status. While both cases involve Jewish religious ceremonies and ketubahs (Jewish marriage contracts), their outcomes are markedly different due to the legal contexts in which the marriages were purported to have occurred.
New York’s Approach to Valid Marriages
Under New York law, a marriage is presumed valid if it complies with either New York’s Domestic Relations Law or the law of the place where the marriage was performed. Pursuant to Domestic Relations Law § 25, New York generally does not require a civil marriage license for a marriage to be recognized as valid, provided the marriage is properly solemnized by an authorized officiant. In cases involving religious ceremonies, however, the line between a religious and civilly valid marriage can become blurred.
In assessing the validity of a marriage, New York courts distinguish between religious observance and legal compliance. The state will not recognize a purely religious union if it lacks either a marriage license (when required by the jurisdiction where the marriage occurred) or proper solemnization under New York law. Additionally, New York courts are constrained by the First Amendment’s Establishment Clause, which prohibits excessive entanglement with religious doctrine. This means that judges must tread carefully when religious ceremonies and contracts like ketubahs or mahr are at issue.
Bernstein v. Benchemoun: No Marriage Without a License or Solemnization
In Bernstein v. Benchemoun, 216 A.D.3d 893 (2d Dep’t 2023), the Appellate Division, Second Department, considered whether a Jewish wedding ceremony held in Florida—without a marriage license—resulted in a valid marriage under New York law. The parties had participated in a traditional religious wedding in Florida in 2013 and signed a ketubah, but they never obtained a Florida marriage license.
Later, in New York, they executed a second ketubah before a rabbi. However, the rabbi testified that he did not perform a solemnization ceremony in New York, because the parties considered themselves already married under Jewish law. The plaintiff subsequently filed for divorce in New York, triggering a dispute over whether a legal marriage had ever existed.
The Appellate Division held that the plaintiff failed to establish the existence of a valid marriage. Because Florida law requires a marriage license for a marriage to be valid, and none was obtained in 2013, the Florida ceremony could not support a claim of marriage. The New York ceremony, while religious in nature, was not a legal solemnization under Domestic Relations Law § 12, as no solemnizing language or intent was established. Moreover, the Appellate Division declined to interpret the religious significance of the ketubah, citing constitutional limits on judicial involvement in religious doctrine.
The result was stark: no marriage meant no grounds for a divorce action. The Appellate Division affirmed the dismissal of the case, leaving the plaintiff without access to equitable distribution or other remedies associated with marital dissolution.
Spalter v. Spalter: A Valid Foreign Marriage Reaffirmed
In contrast, Spalter v. Spalter, 234 A.D.3d 508 (1st Dep’t 2025), involved a marriage the parties participated in a traditional Jewish wedding ceremony under a chuppah, signed a ketubah, and acknowledged their union as binding under Jewish law, but did not obtain a civil marriage license. The couple had lived together for decades, raised children, and participated in a ceremony in New York solemnized by a rabbi with witnesses in a traditional Jewish ceremony.
The husband later argued that the ceremony was not legally valid and claimed there was no marriage to dissolve. He argued that the couple had held themselves out as single and lived separate lives, and had only entered into a religious marriage simply to facilitate the children’s’ acceptance into school and the family into the synagogue. He also pointed to the separate agreement that the couple signed, in addition to the ketubah, that stated that they entered into a marriage binding under Jewish law, but not legally recognized by New York law. The Appellate Division rejected the husband’s claim, finding that the marriage was valid under New York law.
Relying on New York’s strong presumption favoring marriage validity—especially where children’s legitimacy is concerned—the Appellate Division held that failure to obtain a license does not void a marriage that was solemnized by a clergyman in compliance with Domestic Relations Law. The Appellate Division emphasized that marriage is a legal status governed by the state, not merely a private contract, and that the parties’ consent was clear from the record.
Unlike in Bernstein, there was no question of a missing marriage license or an improperly performed ceremony. The parties had also lived as a married couple for decades, and the court found no basis to conclude that their marital status was invalid. The divorce action could therefore proceed.
Legal Takeaways
These cases highlight several key principles of New York marriage law:
1. Out-of-State Ceremonies Must Comply with Local Law: If a marriage is performed outside New York, it must comply with the legal requirements of that jurisdiction. In Bernstein, the failure to obtain a Florida marriage license was fatal because Florida law mandates licensing for marriage validity.
2. Religious Ceremonies Do Not Substitute for Civil Compliance: A religious marriage ceremony—even one that is elaborate and deeply meaningful—will not be recognized by New York courts unless it meets civil requirements. A ketubah is not a marriage license or a substitute for legal solemnization.
3. Courts Avoid Religious Entanglement: Courts will not interpret religious doctrine or the religious significance of legal documents like ketubahs to determine marital status. Instead, they rely strictly on civil procedures and requirements.
4. Presumption of Marriage Applies in Some Contexts: Where a couple has lived as husband and wife for many years, there is a presumption of marriage. However, this presumption can be rebutted by clear evidence, such as the absence of a civil marriage license or solemnization.
A Note on Florida Law
Florida law played a key role in the Bernstein case. Under Florida Statute § 741.01, a marriage license is a prerequisite to a valid marriage. A religious ceremony performed without this license, regardless of the intent of the parties or the ceremony’s religious significance, does not create a valid marriage under Florida law.
This is a critical point for New York practitioners. When parties claim to be married based on a ceremony performed out-of-state, it is essential to confirm that the ceremony complied with the marriage laws of the other jurisdiction. A marriage that is invalid where celebrated is not entitled to recognition in New York.
Broader Implications: Rights and Remedies
The consequences of an invalid marriage can be severe. If a marriage is deemed invalid, a party may be unable to seek spousal support, equitable distribution of marital property, or other remedies typically available in divorce proceedings. In Bernstein, the dismissal of the divorce action left the plaintiff with no marital rights, despite years of cohabitation and a shared life.
Practitioners should therefore counsel clients carefully when it comes to religious marriage ceremonies performed outside New York. It is not uncommon for couples to assume that a religious wedding ceremony automatically creates a valid legal marriage. As these cases show, such assumptions can lead to harsh outcomes.
Lessons from Bernstein and Spalter
The juxtaposition of Bernstein and Spalter offers a clear lesson: the validity of a marriage depends not on the parties’ intent or religious observance, but on compliance with the statutory requirements of the relevant jurisdiction. New York courts will uphold a marriage if it is validly formed in another jurisdiction or solemnized in accordance with New York law. However, they will not validate a union that fails to meet these civil requirements—even if the couple viewed themselves as married. Understanding the distinction between religious and civil marriage is essential for both individuals and attorneys navigating the complex intersection of faith, family, and law. As more couples choose alternative or faith-based ceremonies, the need for clarity and compliance with legal standards remains paramount.
In short, while love and commitment are the heart of any union, legality is what makes a marriage enforceable under the law.
Cases Discussed:
Bernstein v. Benchemoun, 216 A.D.3d 893 (2d Dep’t 2023);
Spalter v. Spalter, 234 A.D.3d 508 (1st Dep’t 2025).
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