Spousal maintenance after a no-fault divorce in Poland – when and how to claim it

Most couples opt for a divorce without any fault finding – faster, less adversarial, more predictable. Not everyone realises, however, that waiving the fault determination does not close the door to claiming maintenance from a former spouse. The law provides for this possibility – though the conditions are narrower than where sole fault has been established.

Table of contents

1. Maintenance between former spouses – two different legal regimes
2. What does “financial need” mean?
3. When is the financial need threshold not met?
4. Does financial need have to exist at the time of the divorce?
5. The time limit for claiming maintenance
6. FAQ

Maintenance between former spouses – two different legal regimes

The Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) provides two separate grounds for claiming maintenance from a former spouse. The first (Article 60 § 1) applies where neither spouse has been found solely at fault for the breakdown of the marriage – that is, both in no-fault divorces and where fault has been attributed to both parties. In this situation, the person claiming maintenance must establish that they are in a state of financial need (niedostatek).

The second ground (Article 60 § 2) gives broader entitlement: where one spouse has been found solely at fault and the divorce has caused a significant deterioration in the innocent spouse’s financial situation, the innocent spouse may claim maintenance even without demonstrating financial need. A significant decline in their standard of living is sufficient.

This article focuses on the first of these situations – maintenance after a no-fault divorce.

What does “financial need” mean?

Financial need is a concept that requires explanation, as it is sometimes misunderstood. The Supreme Court, in its judgment of 28 September 1958 (reference II CR 817/57), indicated that a state of financial need may exist both where a person has no means of subsistence at all and where they are unable to fully meet their reasonable needs – that is, needs appropriate to their life situation, age, and state of health.

A former spouse may be in financial need even where they have some assets or income, if those resources are insufficient to meet their justified needs. Importantly, where the person is ill, the concept of reasonable needs also encompasses expenditure on medication and medical treatment.

When is the financial need threshold not met?

Financial need will not be established in two situations.

First – where a person who is capable of working voluntarily chooses not to. Where a former spouse could take up paid employment but consciously refrains from doing so, the court will not find them to be in financial need.

Second – where the person receives resources sufficient to cover their reasonable needs, even where those resources do not come from employment (for example, a benefit payment, pension, or family support). The mere fact of receiving social benefits does not preclude a finding of financial need, but where those benefits cover the person’s justified needs, the basis for maintenance falls away.

Does financial need have to exist at the time of the divorce?

No – and this is an important point that many people overlook. Financial need does not have to exist at the moment the divorce is granted. The entitled person may claim maintenance some time after the divorce judgment becomes final, where their financial situation subsequently deteriorates.

Consider a situation where one spouse is working and supporting themselves independently at the time of the divorce, but several years later loses their job due to illness. If they then find themselves in financial need, they may – subject to the other conditions being met – claim maintenance from their former spouse.

The time limit for claiming maintenance

The right to claim maintenance under Article 60 § 1 of the Family and Guardianship Code (the financial need ground) expires after five years from the date the divorce judgment becomes final. This is a strict deadline that as a general rule cannot be interrupted.

Exceptionally, however, the court may – on the application of the entitled person – extend this period in particularly justified circumstances. The decision rests with the court and requires the claimant to establish exceptional circumstances.

In our experience, many people are unaware of this deadline and lose the opportunity to claim maintenance through delay. If your financial situation has deteriorated significantly since your divorce, do not postpone seeking legal advice.

FAQ

Can maintenance be claimed from a former spouse after a no-fault divorce? Yes – under Article 60 § 1 of the Family and Guardianship Code, provided the claimant is in financial need and was not found solely at fault for the breakdown of the marriage.

What do I need to prove to obtain maintenance from a former spouse? Where no fault finding has been made, it is necessary to establish financial need – that is, the inability to fully meet reasonable needs from one’s own resources and earning capacity.

Can I claim maintenance from a former spouse several years after the divorce? Yes – financial need does not have to exist at the time the divorce is granted. A claim can be brought after some time has passed, provided the five-year period from the final judgment has not expired and financial need has arisen.

How long does the maintenance obligation towards a former spouse last? Where the person obliged to pay is the innocent spouse (or where no fault finding was made), the obligation as a general rule cannot last more than five years from the date of the divorce judgment. The court may extend this period in exceptional cases. The obligation also terminates upon the entitled person remarrying.

Does the entitled person living with a new partner affect maintenance? Cohabitation does not automatically extinguish the maintenance obligation. It may, however, provide a basis for an application to reduce the maintenance amount, where the partner is in fact contributing to the entitled person’s upkeep.

I am a foreign national – do these rules apply to my divorce in Poland? Yes. Where the Polish court has jurisdiction and applies Polish law, the rules described in this article apply regardless of the parties’ nationality. The concept of “financial need” as a condition for spousal maintenance is a specifically Polish legal standard and may differ significantly from the approach taken in other legal systems. EU Regulation Rome III governs the applicable law in divorce matters between EU member states. Legal advice on the applicable law in cross-border situations is strongly recommended.

What is the difference between the financial need ground and the significant deterioration ground? Under Article 60 § 1 (no fault finding), the claimant must prove financial need – genuine inability to meet reasonable needs. Under Article 60 § 2 (sole fault of the other spouse), it is sufficient to show that the divorce caused a significant deterioration in the innocent spouse’s financial situation – a considerably easier standard to meet, which does not require the claimant to be in actual financial need.

Wondering whether you can claim maintenance from your former spouse after a no-fault divorce? 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