Spousal maintenance after divorce in Poland – when does it apply and when does it end?

Most people associate maintenance exclusively with a parent’s obligation towards a child. Polish family law also provides for maintenance between former spouses – and this applies regardless of whether they have children together. It is a subject that surprises many clients, yet one with real financial consequences after divorce.

Table of contents

1. When can a former spouse claim maintenance?
2. Two different regimes – financial need and sole fault
3. When does the maintenance obligation end?
4. Does cohabitation affect maintenance?
5. Does the paying spouse remarrying change anything?
6. FAQ

When can a former spouse claim maintenance?

Article 60 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) provides for two distinct situations in which a former spouse may claim financial support from the other.

The first – maintenance in cases of financial need (Article 60 § 1). A spouse who has not been found solely at fault for the breakdown of the marriage and who finds themselves in financial need may claim from the former spouse means of subsistence corresponding to their reasonable needs and to the financial and earning capacity of the person obliged. This basis is available regardless of any fault finding – it is sufficient that the entitled person is in financial need and was not found solely at fault.

The second – maintenance from the solely at-fault spouse (Article 60 § 2). This is a broader entitlement. Where only one spouse has been found solely at fault for the breakdown of the marriage, and the divorce has caused a significant deterioration in the innocent spouse’s financial situation, the innocent spouse may claim maintenance even where they are not in financial need. It is sufficient that their standard of living has noticeably declined compared with that enjoyed during the marriage.

Two different regimes – financial need and sole fault

The difference between these two bases matters considerably in practice. Where no sole fault finding has been made, the entitled person must establish financial need – that is, an inability to meet their own reasonable needs independently. Where a sole fault finding has been made, it is sufficient to demonstrate a significant deterioration in financial circumstances as a result of the divorce – a condition that is generally easier to prove.

In our experience, many clients are unaware that a fault finding in divorce proceedings carries real financial consequences – and not merely symbolic ones. A finding that one spouse bears sole fault opens the door to maintenance for the other party even where that party is not in financial need.

When does the maintenance obligation end?

Article 60 § 3 of the Family and Guardianship Code identifies two grounds on which the maintenance obligation towards a former spouse terminates.

Remarriage of the entitled person. Where the former spouse who is receiving maintenance enters into a new marriage, the obligation terminates by operation of law. It makes no difference whether the new spouse is wealthy or not. The mere fact of contracting a new marriage brings the obligation to an end.

The expiry of five years from the divorce judgment – but only where the obliged person is the innocent spouse (or where no fault finding was made). In such cases, the maintenance obligation cannot continue for more than five years from the date of the divorce judgment. The court may, however, extend this period in exceptional circumstances. Where the obliged person is the solely at-fault spouse, the five-year limit does not apply – maintenance may continue indefinitely, until the entitled person remarries.

Does cohabitation affect maintenance?

This is one of the most frequently asked questions. Cohabitation – an informal partnership without marriage – does not automatically extinguish the maintenance obligation. The law attaches that consequence exclusively to the contracting of a new marriage.

Cohabitation may, however, be a basis for applying to reduce the amount of maintenance. Where the entitled person is living in an informal relationship and their partner is in fact contributing to their upkeep, the court may – on the application of the obliged party – reduce the maintenance order, on the basis that the entitled person’s needs are being substantially met by the partner. This requires specific circumstances to be established and does not follow automatically.

Does the paying spouse remarrying change anything?

No. The remarriage of the maintenance debtor (the person paying maintenance) does not extinguish the obligation to pay maintenance to the former spouse. The debtor’s new marriage may, however, be one of the circumstances the court takes into account when assessing the debtor’s financial means – for example, if the new spouse is earning and the debtor is devoting resources to a joint household, this may be relevant to the assessment of the debtor’s financial capacity. The remarriage itself, however, does not constitute grounds for terminating or reducing the maintenance obligation.

FAQ

Is maintenance between former spouses always payable after a divorce? No – spousal maintenance is not an automatic consequence of divorce. It is available only in specific circumstances: where the entitled person is in financial need (Article 60 § 1 of the Family and Guardianship Code), or where the divorce has caused a significant deterioration in the innocent spouse’s financial situation and the other spouse has been found solely at fault (Article 60 § 2).

How long does the obligation to pay spousal maintenance last? Where the obliged person is the innocent spouse (or where no fault finding was made), the obligation lasts as a general rule no longer than five years from the divorce judgment, though the court may extend this in exceptional cases. Where the obliged person is the solely at-fault spouse, the obligation is not time-limited and continues until the entitled person remarries.

Does an informal partnership (cohabitation) extinguish the maintenance obligation? No – cohabitation does not extinguish the obligation. It may, however, provide a basis for applying to reduce the maintenance amount, where the partner is in fact contributing to the entitled person’s upkeep.

What must be proved to obtain spousal maintenance? It depends on the basis. Under Article 60 § 1 – financial need (inability to meet reasonable needs independently). Under Article 60 § 2 – a significant deterioration in financial circumstances as a result of the divorce, and sole fault on the part of the other spouse.

Can spousal maintenance be combined with child maintenance? Yes – these are separate obligations arising from different legal bases. Child maintenance derives from the parental obligation (Article 133 of the Family and Guardianship Code); spousal maintenance derives from Article 60. The court may order both in the same divorce judgment.

I am a foreign national – do these rules apply to my divorce in Poland? Yes, where Polish law governs the divorce and its financial consequences. EU Regulation No 1259/2010 (Rome III) governs the applicable law in divorce matters between EU member states, and EU Regulation No 4/2009 governs maintenance obligations. Where Polish law applies, the rules described in this article apply regardless of the parties’ nationality. It is worth noting that the concept of a fault-based maintenance entitlement (Article 60 § 2) is specific to Polish law and may differ significantly from the approach taken in other legal systems.

Read more about how a fault finding in Polish divorce proceedings affects the financial rights of the spouses → [link to relevant page]

Questions about spousal maintenance after divorce or want to understand your financial rights? 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