Alcoholism as the Cause of Marriage Breakdown in Poland – What the Courts Actually Decide

This article is for general informational purposes only and does not constitute legal advice.

Alcohol dependency in a marriage is one of the most difficult situations we encounter in our work with clients. Difficult not only legally, but above all humanly – because behind every such case is a story of years spent trying to manage something the other spouse had no hand in creating. At the same time, from a legal perspective, alcoholism is a circumstance Polish courts treat consistently and seriously. It is worth understanding how.

Table of Contents

1. How do Polish courts treat alcoholism in divorce cases?
2. The other spouse’s behaviour – reaction or contributing cause?
3. Supporting a partner through treatment – and what happens when it fails
4. What this means in practice
5. FAQ

How Do Polish Courts Treat Alcoholism in Divorce Cases?

In the practice of Poznań courts, alcohol dependency is consistently treated as the primary cause of marriage breakdown – not as its consequence. That distinction matters enormously.

A spouse with a dependency problem will often argue that their drinking was a response to family difficulties, a lack of support, or escalating conflict in the marriage. Courts generally do not accept this framing. The direction of causation is reversed: it is the alcoholism that generates the conflict, not the conflict that produces the alcoholism.

The Court of Appeal in Poznań stated this directly in case reference I ACa 230/19, finding that “the primary cause of the irretrievable breakdown of the marriage was the petitioner’s alcoholism” – and on that basis overturned the first instance judgment, granting a divorce finding the dependent spouse solely at fault. The District Court had found both parties at fault. The Court of Appeal rejected that assessment entirely.

The Other Spouse’s Behaviour – Reaction or Contributing Cause?

This is one of the most important aspects of these cases – and one of the most frequently misunderstood.

Living with a person who is dependent on alcohol changes you. Excessive monitoring, mistrust, angry outbursts, emotional withdrawal – behaviours that might be viewed negatively in another context look entirely different when they arise from years of living with an alcoholic partner. They are a defensive response, not an act of aggression.

The Court of Appeal in Poznań recognised this distinction clearly in the same case. The first instance court had treated the wife’s aggressive behaviour as a contributing cause of the marriage breakdown. The Court of Appeal rejected that conclusion, stating:

“These behaviours occurred after the breakdown of the marriage had already taken place and could not constitute its cause. They were a consequence of the petitioner’s prior conduct and his alcoholism.”

For anyone who has spent years living in the shadow of a partner’s dependency and fears that their own reactions will be used against them in court, this is an important piece of information: the chronology of events matters, and courts are capable of reading it accurately.

Supporting a Partner Through Treatment – and What Happens When It Fails

The Court of Appeal noted in its reasoning that during the petitioner’s alcohol treatment, his wife had actively supported him. It was only when he “failed to maintain abstinence, drinking in secret” that the marital relationship deteriorated irreversibly.

This part of the judgment matters for two reasons.

First, it shows that a spouse’s genuine engagement in trying to save the marriage – attending therapy with their partner, encouraging treatment, giving repeated chances – is noticed and assessed positively by courts. It is not taken for granted or overlooked.

Second, and more importantly: Polish courts are increasingly clear that a spouse has no indefinite obligation to stand by a dependent partner who repeatedly breaks promises and returns to drinking. The exhaustion of willingness to support – after repeated relapses, after drinking in secret, after broken commitments – is not a moral failing. It is a human response to reaching a limit.

What This Means in Practice

If alcohol dependency has been the central problem in your marriage, several things have real significance for how a case unfolds.

Chronology is evidence. The court will assess what was cause and what was consequence. It is worth ensuring that the documentation – treatment history, correspondence, witness testimony – allows the actual sequence of events to be reconstructed, rather than the version the other side will present.

Your own behaviour in context. If you are concerned that your reactions to life in that marriage will be presented as evidence of your own fault – courts assess behaviour in context. What would look one way in a stable relationship is assessed very differently in the context of living with a dependent person.

Engagement in your partner’s treatment. If you supported your partner through treatment – that is a circumstance that should be in the case file. Invoices from treatment facilities, certificates, correspondence, testimony from therapists – each of these elements can carry weight.

Documenting relapses consistently. Drinking in secret, repeated relapses after declarations of abstinence, broken promises – these are circumstances that need to be proven in court. It is worth keeping records as things happen, not only once proceedings have already begun.

FAQ

Does alcoholism automatically lead to a finding of sole fault? Not automatically – the court assesses the full picture. But where the dependency is well documented and represents the primary cause of the problems in the marriage, the practice of Poznań courts indicates that it is a circumstance which typically determines a finding of sole fault against the dependent spouse.

What if my spouse argues that conflict in the marriage caused their drinking? This is a common line of defence. As the judgment of the Poznań Court of Appeal in case I ACa 230/19 illustrates, courts examine the chronology of events carefully and generally do not accept the argument that dependency was caused by the other spouse’s behaviour – particularly where the history of alcohol problems predates or runs deeper than the marital conflicts cited.

Could my own behaviour during the marriage affect the fault assessment? It could – but context matters. Behaviours that arose as a response to living with a dependent spouse are assessed differently from behaviours that were an independent cause of the marriage breaking down. Presenting the chronology and circumstances accurately is key.

What evidence is worth gathering? Your partner’s treatment history, certificates from therapeutic facilities, documentation of relapses, messages and correspondence, witness testimony from family members, friends or neighbours who witnessed the problems firsthand. The more complete the chronological picture, the stronger the position in proceedings.

Can I file for divorce if my partner is currently in treatment? Yes. The fact that a dependent spouse has entered treatment does not suspend divorce proceedings or automatically change the fault assessment. The court considers the full history of the marriage, not only the current situation.

I am a foreign national living in Poland. Does Polish divorce law apply to my situation? It depends on which country’s law governs your marriage – determined by rules of private international law, including EU regulations where relevant. As a general principle, if both spouses are habitually resident in Poland, Polish law is likely to apply. Because the interaction between Polish law and the law of another country can be complex, individual legal advice before taking any steps is particularly important.

Will the court understand the context of my situation if I do not speak Polish fluently? Yes. You have the right to use a court interpreter during proceedings. Having a lawyer who manages all written and procedural elements on your behalf ensures that the full context of your situation is presented clearly and accurately – which in cases involving dependency, where nuance and chronology are central to the outcome, can make a significant difference.

Do you need legal help with divorce proceedings in Poland? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific circumstances and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl