Can you claim maintenance from your spouse while still married in Poland?

Maintenance is most commonly associated with divorce and its financial consequences. Polish family law, however, provides a mechanism for claiming financial support from a spouse during the marriage itself – without waiting for a divorce judgment. This is a tool that many people simply do not know exists.

Table of contents

1. The duty to contribute to the family’s needs – Article 27 of the Family and Guardianship Code
2. When can maintenance be claimed from a spouse during the marriage?
3. Court order redirecting salary – Article 28 § 1 of the Family and Guardianship Code
4. How do the two mechanisms differ?
5. Practical guidance
6. FAQ

The duty to contribute to the family’s needs – Article 27 of the Family and Guardianship Code

The starting point is Article 27 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), which provides: “Both spouses are obliged, each according to their abilities and their earning and financial capacity, to contribute to meeting the needs of the family they have established through their union. This obligation may also be fulfilled, in whole or in part, through personal efforts in raising the children and work in the joint household.”

Several important points follow from this provision. First, the obligation applies to both spouses. The relative level of each spouse’s earnings is not the determining factor – each contributes to the family’s needs in proportion to their own means and capacity. Second, the obligation covers not only financial needs but also the upbringing of children and the running of the household. A spouse who is not in paid employment but who looks after the children and manages the home may in that way fully discharge their obligation under Article 27. Third – and this is the point most people are unaware of – where one spouse fails to fulfil this obligation, the other may enforce it through the court in the form of a maintenance claim, even while the marriage is ongoing. There is no need to wait for a divorce.

When can maintenance be claimed from a spouse during the marriage?

A maintenance claim based on Article 27 of the Family and Guardianship Code is available where one spouse is failing to contribute to the family’s needs – not allocating financial resources to the family despite having the means to do so, and not engaging in the upbringing of the children or the management of the household either.

The basis for the claim must, however, be proved. A bare assertion that the spouse “is not giving any money” is not sufficient. The court expects evidence: salary certificates, documentation of the family’s expenditure, witness testimony. The more detailed the documentation, the stronger the position in proceedings.

It is important to note that a claim under Article 27 concerns the needs of the family as a whole – it is not a personal claim by one spouse against the other but a demand that the obligation towards the jointly established family be fulfilled.

Court order redirecting salary – Article 28 § 1 of the Family and Guardianship Code

The Family and Guardianship Code provides a second instrument – more direct and in some circumstances more immediately effective. Article 28 § 1 provides: “Where one of the spouses who are in a common marital union fails to fulfil the obligation incumbent on them to contribute to meeting the needs of the family, the court may order that the salary or other sums due to that spouse be paid in whole or in part directly to the other spouse.”

In practice, this means the court can order an employer (or other payer) to transfer the spouse’s salary directly to the other spouse – bypassing the person obliged altogether. This is a particularly effective remedy where a spouse is earning but the income is not reaching the family.

A critical qualification: Article 28 § 1 applies only where the spouses are still living together in a common marital union (wspólne pożycie). Where the spouses have in fact separated and are no longer living as a couple – even if the marriage has not yet been formally dissolved – this provision does not apply. In that situation, the appropriate route is a maintenance claim under Article 27 or an application for interim maintenance within divorce proceedings.

How do the two mechanisms differ?

Both instruments serve to enforce the obligation under Article 27, but they operate differently. A maintenance claim (filed as a court petition) is available regardless of whether the spouses are still living together. The court order under Article 28 § 1 – redirecting salary directly to the other spouse – is available only while the spouses remain in a common marital union and represents a more immediate enforcement tool.

In our experience, many people in difficult financial situations within their marriage are unaware that these instruments exist, and tolerate for too long a situation in which their partner is not contributing to the family’s maintenance. It is worth knowing that the law provides concrete tools – and there is no need to wait for a divorce to use them.

Practical guidance

Before filing a maintenance claim against a spouse, gather documentation: certificates of both parties’ income, bills and receipts confirming the family’s living costs, evidence that the spouse has not been contributing (for example, the absence of bank transfers, witness statements).

Bear in mind that salary is not the only basis for a court order under Article 28 § 1 – the provision also covers “other sums due,” which includes income from self-employment, civil law contracts, or rental income.

Consult a lawyer before filing – assessing which route is appropriate in a specific situation requires individual analysis of the circumstances.

FAQ

Can I claim maintenance from my spouse without getting a divorce? Yes. Under Article 27 of the Family and Guardianship Code, a maintenance claim can be brought against a spouse during the marriage, before any divorce petition is filed.

Can the court order my spouse’s salary to be paid directly to me? Yes – under Article 28 § 1 of the Family and Guardianship Code, but only where the spouses are still living together in a common marital union. Where they have in fact separated, the appropriate route is a maintenance claim or an application for interim maintenance within divorce proceedings.

Is a spouse who looks after the home and children required to pay maintenance? No. Article 27 of the Family and Guardianship Code expressly provides that the obligation to contribute to the family’s needs may be discharged through personal efforts in raising the children and work in the household. Such a spouse fulfils their obligation in a non-financial way.

Does the amount of the spouse’s earnings affect the maintenance claim? Yes – the court takes into account each spouse’s earning and financial capacity. The claim must be proportionate to the actual means of the person obliged.

What if my spouse is concealing their income? During court proceedings, an application can be made to require the spouse to produce financial documentation. The court may also request information about the spouse’s income from their employer or the tax authority.

I am a foreign national – do these rules apply to my marriage in Poland? Yes. Where the spouses are habitually resident in Poland and Polish law governs their matrimonial relations, the provisions described in this article apply regardless of nationality. EU Regulation No 2016/1103 on matrimonial property regimes and EU Regulation No 4/2009 on maintenance obligations may be relevant where the spouses are of different nationalities or have connections to multiple EU member states. Legal advice on the applicable law in a specific cross-border situation is recommended.

Can these claims be combined with divorce proceedings? Yes. A maintenance claim under Article 27 of the Family and Guardianship Code can be pursued as a standalone action during the marriage. It can also be pursued simultaneously with divorce proceedings, or addressed through an application for interim maintenance (zabezpieczenie) within the divorce case itself. The appropriate approach depends on the specific circumstances and goals.

Read more about how maintenance is regulated in Polish divorce proceedings and what interim maintenance entails → [link to relevant page]

Your spouse is not contributing to the family’s upkeep and you are not sure what you can do? 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