Can you claim compensation for a spouse’s infidelity in Poland? A court case analysis

Marital infidelity is most commonly associated with divorce proceedings and fault findings. Few people realise that in certain circumstances a betrayed spouse can also claim financial compensation from their former partner – and even from the third party involved – for violation of their personal rights. Below we examine a court case that became a striking illustration of exactly that outcome.

Table of contents

1. Infidelity and violation of personal rights – what is the legal basis?
2. What happened in the case?
3. What did the courts decide?
4. What does this case mean in practice?
5. Practical guidance
6. FAQ

Infidelity and violation of personal rights – what is the legal basis?

A breach of the duty of marital fidelity under Article 23 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) is not in itself a sufficient basis for claiming financial compensation. Polish civil law does not provide a cause of action “for infidelity” as such. To pursue a claim for financial redress, it is necessary to establish that specific personal rights protected under Article 23 of the Civil Code (Kodeks cywilny) – such as honour, personal dignity, and reputation – have been violated, and that this violation caused non-material harm (krzywda).

The legal basis for the claim is Article 448 of the Civil Code in conjunction with Article 24 of the Civil Code. Article 24 gives a person whose personal rights have been violated the right to demand that the violation cease and its effects be remedied. Article 448 provides for financial compensation for the harm suffered. Importantly, the claim can be directed not only against the spouse but also against the third party who knowingly participated in the violation.

Infidelity alone – even long-term infidelity – is not sufficient. What matters is that the accompanying circumstances – years of deception, manipulation, the destruction of the claimant’s dignity and self-worth – collectively amount to a violation of personal rights going well beyond the ordinary consequences of an affair.

What happened in the case?

The case concerns a man (referred to by the initials D.M.) who was betrayed for many years by his wife (R.J.) with his own close friend (S.J.). The marriage was contracted in 1993 and the couple had four children together. D.M. worked abroad to support the family and returned to Poland every few months.

From at least 1997, R.J. was conducting a sexual relationship with S.J. – in secret from her husband. In 2006, D.M. began to suspect the nature of the relationship, and R.J. became pregnant. In 2007 she filed for separation, and subsequently for divorce. D.M. did not participate actively in the divorce proceedings – and as a result, the divorce was granted with a finding that he was at fault.

DNA testing of the four children established that D.M. was not the biological father of any of them – despite having raised them as his own for years.

The psychological and social consequences for D.M. were severe. On returning permanently to Poland he felt deeply humiliated, was ashamed to leave the house, lost his self-worth, and lost the bonds he had believed he shared with his children. R.J. and S.J. married and moved in together with the four children.

What did the courts decide?

D.M. brought a claim for protection of his personal rights and financial compensation. The district court (sąd rejonowy) found that R.J. had violated the claimant’s honour and reputation – through years of lies, duplicity, and betrayal, she had caused him to lose the respect of those around him and his own self-respect. S.J. had similarly exposed the claimant to humiliation and loss of self-confidence by knowingly participating in the deception over many years.

The district court ordered R.J. to pay PLN 20,000 in compensation and S.J. to pay PLN 10,000.

Both defendants appealed. In 2015 the regional court (sąd okręgowy) dismissed the appeals and simultaneously increased the amount awarded against S.J. to PLN 15,000, emphasising the years of deliberate deception, the exposure of the claimant to the loss of family bonds, and the violation of his honour and personal dignity.

What does this case mean in practice?

This case is an example of a rare but possible scenario in which the violation of personal rights in the context of marital infidelity provides a basis for a successful civil claim. Several conclusions deserve particular attention.

First, infidelity alone is not enough. Courts do not award compensation “for an affair” – they award it for specific violations of personal rights: loss of dignity, reputation, self-worth, and family bonds. The longer the deception lasted and the deeper its consequences for the claimant, the stronger the basis for a claim.

Second, the claim can be directed not only against the spouse but also against the third party, where that person knowingly and actively participated in violating the claimant’s personal rights. This case is a clear illustration: compensation was awarded against both the wife and her lover.

Third, this claim is entirely independent of the divorce proceedings. It can be brought simultaneously with a divorce petition or after the divorce has been concluded, on the basis of the general rules on protection of personal rights.

In our experience, cases of this kind require careful documentation of the consequences of the violation – not just the fact of the infidelity itself. What matters to the court is the evidence of how the violation affected the claimant’s personal, professional, and social life.

Practical guidance

If you are considering a claim for compensation for violation of personal rights connected with infidelity, several matters are particularly important.

Gather evidence not only of the infidelity itself but above all of its consequences – witness statements, medical records (psychological or psychiatric treatment), documentation of changes in employment or social circumstances. The court assesses the harm suffered, not simply the misconduct.

Claims under Article 448 of the Civil Code are subject to a general limitation period – as a rule, three years from the date on which the claimant became aware of the violation and the identity of the person responsible. Do not delay too long in deciding whether to bring a claim.

Consult a lawyer before filing. Whether the specific circumstances justify a claim requires individual analysis of each situation.

FAQ

Can I sue my spouse for infidelity and claim money? Not directly “for the affair” – but you can claim compensation for violation of personal rights (honour, dignity, reputation) where the infidelity was accompanied by years of deception and manipulation that caused specific non-material harm. The legal basis is Article 448 of the Civil Code in conjunction with Article 24 of the Civil Code.

Can I also sue my spouse’s lover? Yes – where the third party knowingly and actively participated in the violation of the claimant’s personal rights. The case described above is precisely such an example: compensation was awarded against both the wife and her lover.

How do you prove violation of personal rights? It is necessary to establish that a specific personal right was violated (for example, honour or dignity), that the violation was unlawful, and that it caused harm. Evidence may include witness testimony, medical records, correspondence, and DNA results where paternity is in dispute.

Does a compensation claim affect the divorce proceedings? These are separate proceedings conducted on different legal bases. A personal rights claim does not replace or exclude a fault finding in divorce proceedings – both can be pursued simultaneously or separately.

How much can be awarded in such a claim? The amount is assessed individually by the court, which takes into account the severity and duration of the violation, its consequences for the claimant, and the specific circumstances of the case. In the case described above, the total awarded after the appeal judgment was PLN 35,000 – PLN 20,000 from the wife and PLN 15,000 from her lover.

I am a foreign national – can I bring this type of claim in Poland? Yes, where the claim is connected with events that occurred in Poland or where the defendant is domiciled in Poland, Polish courts will generally have jurisdiction and Polish law will apply. The rules on protection of personal rights described in this article apply regardless of the parties’ nationality. If the events occurred across multiple countries or the parties are of different nationalities, questions of applicable law may arise – legal advice on the specific situation is recommended.

Is this type of claim common in Poland? No – claims of this kind are relatively rare in Polish courts. Most people who experience infidelity address the consequences within divorce proceedings through a fault finding and its financial implications. A separate civil claim for violation of personal rights requires additional evidence and carries its own litigation risk. It tends to arise in cases where the circumstances are particularly egregious – as in the case described above, involving systematic long-term deception and the discovery that the claimant was not the biological father of the children he had raised.

Looking for information about your rights following marital infidelity? 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 facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For 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