The 62-year-old actress filed a supplemental document on Monday that was obtained by PEOPLE in which she gave further explanation as to why she and Jarrahy were never legally married despite his filing for divorce in early May.
Davis stated that while they celebrated a “marriage-like ceremony” in New York’s Hamptons in 2011 they never obtained a marriage license or paid the license fees which made it “impossible for them to follow the 24 hour waiting period” before their ceremony, according to the supplement. (New York and California law state all couples who want to marry are required to obtain a marriage license and wait 24 hours before legally marrying.)
The Thelma & Louise actress claims she and Jarrahy “affirmatively decided not to obtain a marriage license” in either state because they “never intended to marry.”
Davis, who is asking a judge to dismiss her ex’s divorce filing, added the two “knowingly and voluntarily chose to have a marriage-like ceremony, fully aware that it was not legally binding,” according to the supplement.
Reps for Davis and Jarrahy did not immediately respond to PEOPLE’s request for comment.
In her response filing, Davis claimed that she and Jarrahy checked “single” on tax returns, did not own property as a couple and “never had a joint checking or savings account, never had a joint retirement account.” She also stated that Jarrahy did not receive health insurance through her SAG-AFTRA membership as he “does not qualify as a family member.”
Additionally, in the court filing, Davis included a letter allegedly signed by Jarrahy in 2012 that stated, “I filed my tax returns in 2009 as a single individual because I am not currently married. Ms. Davis and I cohabitate and co-parent our three children but are not officially wed.”
According to court documents previously obtained by PEOPLE, Jarrahy blamed the split on irreconcilable differences and said that the couple separated on Nov. 15, 2017.
Jarrahy had asked for spousal support in a petition he filed last week. He also asked the judge for joint legal and physical custody of the children and to deny Davis spousal support if she asked.
Davis and Jarrahy had the private marriage ceremony in the Hamptons on September 1, 2001. They announced in a statement at the time, “We are very happy and we look forward to spending the rest of our lives together.”