Divorce from a gambling addict in Poland – is it possible, and who is at fault?

Gambling addiction can destroy a marriage as effectively as alcoholism – often invisible to the outside world for years, it quietly consumes the family’s savings, erodes trust, and poisons daily life. People in this situation frequently ask: is divorce even possible when a spouse is addicted? Does the addiction protect them from a finding of fault? And can the court refuse to grant a divorce at all? The answers are less complicated than they might appear.

Table of contents

1. Can you divorce a gambling addict in Poland?
2. Gambling addiction and the bars to divorce
3. Can a gambling addict be found solely at fault for the breakdown of the marriage?
4. What distinguishes gambling from mental illness in the context of fault?
5. Practical guidance
6. FAQ

Can you divorce a gambling addict in Poland?

Yes – and there is no ambiguity on this point. Gambling addiction, although classified as a disorder (the ICD-11 recognises it as a gambling disorder), does not prevent a Polish court from granting a divorce. The courts have confirmed this clearly and consistently.

The Supreme Court, in its judgment under case reference C 1283/52, stated that “the defendant must bear the consequences of his irresponsible conduct himself; he cannot burden his spouse with them, and cannot on that basis contest or deprive his spouse of the right to arrange the rest of his or her life differently.” Although this ruling dates from an earlier era, the principle it expresses remains fully applicable and is consistently followed by family courts today.

The position mirrors the approach taken to alcoholism: an addicted spouse can be found to bear fault for the breakdown of the marriage, particularly where they show no willingness to address the addiction or seek treatment.

Gambling addiction and the bars to divorce

Some people worry that a court might refuse to grant a divorce by invoking Article 56 § 2 of the Family and Guardianship Code – finding either that the divorce would be contrary to the principles of social coexistence (zasady współżycia społecznego), or that it would harm the interests of minor children. These concerns are understandable but, in practice, rarely justified.

The “principles of social coexistence” ground for refusing a divorce is applied by Polish courts with extreme caution and only in genuinely exceptional circumstances. Addiction alone – however serious or long-standing – does not provide a basis for refusing to grant a divorce. The court would need to find that it is the divorce itself (rather than the addiction) that would cause the addicted spouse exceptional, unbearable harm. This threshold is rarely met, and gambling addiction does not in itself create it.

Where the marriage has produced minor children, the court will assess whether the divorce would harm their wellbeing. Here too, a parent’s gambling addiction tends to weigh against that parent, not in their favour.

Can a gambling addict be found solely at fault for the breakdown of the marriage?

Yes – and this remains true even though gambling is recognised as a disorder. The critical distinction is between an illness that eliminates or significantly impairs a person’s awareness of what they are doing, and an addiction that does not.

The Supreme Court, in its judgment under case reference I CKN 306/97, indicated that a court may find that neither spouse bears fault for the breakdown of the marriage where the causes are outside their control – citing mental illness as an example. Gambling addiction does not fall into that category.

The District Court in Krosno, in its judgment under case reference I C 448/14, confirmed that pathological gambling addiction, despite being a recognised disorder, does not eliminate awareness of the actions being taken and does not impair the capacity to express one’s will. A gambling addict knows they are gambling. They know they are losing the family’s money. They know they are damaging the marriage. The decision to continue gambling – even when driven by a powerful psychological compulsion – is a decision taken with awareness of its consequences. This is precisely what distinguishes gambling addiction from, say, a psychotic episode.

In our experience, courts assessing fault focus particularly on whether the addicted spouse made any genuine attempt to seek help and whether they showed any willingness to change. A complete absence of steps towards treatment, concealing debts from a spouse, taking out loans without the other spouse’s knowledge – these are circumstances that significantly strengthen the case for a finding of sole fault.

What distinguishes gambling from mental illness in the context of fault?

This question comes up regularly and is worth addressing clearly. A serious mental illness – for example, schizophrenia or a severe depressive episode with psychotic features – can impair or eliminate a person’s capacity for conscious and voluntary decision-making. In such cases, Polish courts tend to find that the marriage has broken down irretrievably without attributing fault to either party, on the basis that the ill spouse could not have acted otherwise.

Gambling addiction operates differently. A person with a gambling disorder experiences a powerful compulsion to gamble, but their awareness and capacity to assess reality remain intact. They understand the consequences of their actions. They can seek help. They can pursue treatment. If they choose not to – it becomes difficult to argue that fault cannot be attributed to them.

The same logic applies consistently to alcoholism, which Polish courts have long treated as a potential basis for a finding of fault, despite it also being recognised as an illness.

Practical guidance

If you are considering divorce from a spouse with a gambling addiction, a few points are worth bearing in mind before filing.

Financial documentation is particularly important in these cases. Bank statements showing regular unexplained cash withdrawals, evidence of loans or credit taken out without the other spouse’s knowledge, correspondence from debt collectors or enforcement officers – all of this serves a dual purpose. It supports the case for a finding of sole fault, and it may also be relevant to an application for unequal division of the joint marital estate under Article 43 § 2 of the Family and Guardianship Code. Squandering joint assets on gambling can constitute grounds for the court to award unequal shares.

It is equally worth preserving any records relating to the addicted spouse’s attitude towards treatment – whether they ever sought help, whether they refused it despite encouragement, and any written or recorded evidence of this. A spouse who repeatedly declined offers of support despite the other spouse’s requests is in a materially weaker position when the court assesses fault.

FAQ

Can a Polish court refuse to grant a divorce where a spouse has a gambling addiction? In practice, this is extremely unlikely. Gambling addiction does not in itself constitute one of the bars to divorce under Article 56 § 2 of the Family and Guardianship Code. Polish courts grant divorces in the overwhelming majority of cases where the marriage has broken down irretrievably, and addiction does not give the addicted spouse automatic protection against the marriage being dissolved.

Can I ask for an unequal division of assets to reflect money lost to gambling? Yes. Under Article 43 § 2 of the Family and Guardianship Code, a court may establish unequal shares in the joint marital estate where one spouse has, in a grossly or persistently negligent manner, failed to contribute to building it up. Squandering joint assets on gambling may provide the basis for such an application – though each case requires individual assessment.

What if my spouse took out debts for gambling without my knowledge? This is a nuanced area. Obligations incurred by one spouse without the other’s consent are not automatically binding on both spouses in all circumstances. Whether and to what extent you may be liable for such debts depends on the specific facts, including how and when the debt was incurred and what the creditor knew. Legal advice on the specific situation is strongly recommended.

Does the divorce take longer if a spouse is a gambling addict? The addiction itself does not lengthen proceedings. However, if you are seeking a finding of sole fault, the case will generally take longer than a divorce without a fault finding, because it requires the court to conduct evidentiary proceedings. The duration depends on the particular court and the complexity of the case.

Is it worth seeking a fault finding, or is a no-fault divorce better? This depends on the specific circumstances. A finding of sole fault against a spouse opens the possibility of claiming maintenance (alimenty) for the innocent spouse under Article 60 § 2 of the Family and Guardianship Code, and may be relevant to the division of assets. On the other hand, it lengthens proceedings and increases their cost. The right approach is worth discussing with a lawyer before making a decision.

I am a foreign national – does Polish family law apply to my divorce? If you and your spouse are habitually resident in Poland, or if you married in Poland, Polish courts are likely to have jurisdiction and Polish law is likely to apply. The framework described in this article – including the fault provisions and the bars to divorce – is specific to Polish law and differs significantly from the no-fault divorce systems found in many other countries. Foreign nationals navigating Polish divorce proceedings are strongly advised to seek specialist legal representation.

Considering divorce from a spouse with a gambling addiction? 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