Alimony for a wife in Poland – when and under what conditions are they granted?

24.10.2023

Alimony for a wife in Poland – when and under what conditions are they granted?

It often appears that the obligation of alimony pertains solely to the parent who does not have custody of their child. However, there are circumstances where alimony can also be awarded to a former wife.

First and foremost, it should be noted that according to the Polish Family and Guardianship Code, alimony for a wife can sometimes be granted during the course of a marriage. This is based on the principle that, upon entering into a marital union, there is a necessity to meet the family’s needs proportionate to the earning capacity and financial resources. This obligation can partially or entirely involve providing funds for the family’s maintenance, as well as personal efforts in raising children and household work.
In cases of failure to meet these obligations, one spouse has the option to seek alimony, which serves as compensation for work or other entitlements due to the other party.

As for alimony after divorce, under Polish law, a divorced spouse who has not been solely declared responsible for the breakdown of the marriage and who is in a state of need may demand financial support from the other divorced spouse. The support should correspond to the legitimate needs of the entitled party and the financial capacity and assets of the obligated party.

If one spouse is determined to be solely responsible for the breakdown of the marriage, and the divorce leads to a significant worsening of the financial situation of the innocent spouse, the court, at the request of the innocent spouse, can rule that the solely responsible spouse must contribute to meeting the justified needs of the innocent spouse to a reasonable extent, even if the innocent spouse is not in a state of need.

If the Polish court decides, due to the divorce in Poland, that the former spouse’s financial situation has deteriorated and the marriage ended due to the husband’s fault, then the wife in Poland may demand alimony and request full satisfaction of her financial needs.

In such a case, it is not necessary to prove a state of need; the key is to establish that the divorce has led to a worsening of the financial situation of the harmed party. Additionally, the situation resulting from the divorce should be compared with the situation if the marriage had not ended.

The Polish Family and Guardianship Code states that the obligation to provide maintenance to a divorced spouse ceases when that spouse enters into a new marriage. However, if the obligated spouse is a divorced individual who has not been solely declared responsible for the breakdown of the marriage, this obligation also ceases after five years from the divorce judgment unless, due to exceptional circumstances, the court, at the request of the entitled party, extends the mentioned five-year term.

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