When you hear “alimony,” you probably think of child support. However, under Polish law, it is also possible to obtain financial support from a former spouse. Do you know when you have the right to claim it and how to effectively fight for spousal support?
When Can You Claim Alimony from Your Former Husband or Wife?
Spousal support is regulated by the Polish Family and Guardianship Code. The law clearly defines when a former spouse may request alimony.
Basic Principles of Spousal Support
The alimony obligation towards a former spouse may arise in two scenarios:
“Ordinary” Spousal Support Obligation
Under Article 60 § 1 of the Family and Guardianship Code, a spouse who finds themselves in a state of indigence after divorce—and is not found solely at fault for the breakdown of the marriage—may claim alimony from the other spouse.
A state of indigence means a situation in which one is unable to meet their basic needs on their own, due to illness, accident, or unemployment. Notably, this condition does not need to exist at the time of the divorce—it may arise later.
“Extended” Obligation (in Case of Sole Fault of One Spouse)
Article 60 § 2 provides for a special situation: if one spouse is found solely at fault for the marital breakdown, and the divorce has significantly worsened the financial situation of the “innocent” spouse, the court may order alimony even if the innocent spouse is not in a state of indigence.
In such cases, the court assesses how the divorce has affected the living conditions of the innocent spouse. Alimony aims to restore their standard of living to what it would have been had the divorce not occurred.
Who Can Receive Spousal Support?
Spousal support may be granted to individuals who are working, receiving benefits, pensions, or annuities, if their financial situation has worsened due to the divorce. Alimony may also be awarded to a non-working spouse—e.g., one who focused on running the household and raising children.
It is important to note that a prenuptial agreement (separation of property) does not affect the alimony obligation between former spouses.
Alimony During Marriage and Separation
Spousal Obligation During Marriage
During marriage, Article 27 of the Family and Guardianship Code applies: both spouses are obliged to support the family according to their means and earning capacity. This means that financial support is a mutual obligation during the marriage.
Such support may be provided through direct financial contributions or through personal efforts such as running the household or raising children.
Alimony During Separation
If you are legally separated, the spousal support obligation still applies. In these cases, the provisions on post-divorce alimony also apply (Article 60 of the Code).
The key condition is either a state of indigence or a significant deterioration in one spouse’s financial situation. Alimony during separation is intended to maintain a standard of living similar to that before the separation.
Can Alimony Be Provided in Non-Monetary Form?
Yes. Spousal support doesn’t always have to be financial. The Family and Guardianship Code allows for the obligation to be fulfilled partly or fully through personal efforts, such as:
- raising children,
- taking care of the household,
- performing tasks for the joint household.
This solution is common when one spouse manages the home while the other pursues a career.
When Should You File for Alimony?
You may file for spousal support at various stages:
- before a divorce or legal separation is granted (“alimony without divorce”),
- during the divorce or separation proceedings,
- after the divorce or separation is finalized.
To be considered by the court, your alimony claim must meet formal requirements and include detailed justification.
What Should You Prepare?
Your alimony petition should include:
- A detailed description of your financial situation and reasons for seeking support.
- A breakdown of monthly living expenses (housing, food, healthcare, etc.).
- A description of your lifestyle prior to the breakup and how it has changed.
- Financial details of the former spouse—income, property, earning capacity—with supporting documents.
Thorough preparation increases your chances of success. Working with a legal professional ensures your petition is complete, justified, and tailored to your needs.
Schedule a consultation with a legal advisor – we’ll help you prepare a solid alimony claim.
How Long Must You Pay Alimony?
The duration of spousal support depends on several factors, including the court’s determination of fault and the recipient’s life situation.
Duration Under the Family and Guardianship Code
According to Article 60 § 3 of the Code, the alimony obligation ends:
- if the recipient remarries,
- after 5 years from the divorce decree (if the paying spouse was not found at fault), though the court may extend this period in exceptional cases,
- if the paying spouse was found solely at fault, support may be granted indefinitely—even for life.
What If My Former Spouse Doesn’t Pay Alimony?
If your former spouse avoids alimony payments, you have several legal options:
- Demand for payment – send a written request specifying the outstanding amount and payment deadline.
- Judicial enforcement – if there’s no response, you may initiate enforcement proceedings with a court bailiff.
- Criminal complaint – prolonged failure to pay may be considered a criminal offense and reported to the authorities.
If you’re struggling to collect alimony, legal assistance can help you secure your financial rights.
How to Reduce or Terminate Spousal Support?
Wondering how to reduce alimony after divorce—or end it altogether? You must demonstrate a significant change in circumstances, such as:
- job loss or retirement,
- permanent incapacity to work (e.g., due to illness or accident),
- substantial financial decline,
- improvement in the recipient’s financial situation.
File a motion with the court to reduce or terminate alimony, supported by documentation. A professionally prepared motion increases your chance of success.
Do you pay alimony that’s too high? Let’s discuss how to reduce or terminate it.
FAQ – Frequently Asked Questions
When can a former spouse claim alimony?
If you are in a state of indigence or your financial situation significantly worsened due to divorce, and you were not found solely at fault.
Is alimony always required after divorce?
No. Alimony is not automatic. You must prove the need for support and the former spouse’s ability to pay. Each case is considered individually.
Can I appeal an alimony judgment?
Yes. You may file an appeal within 14 days from the delivery of the judgment with justification.
How much alimony can be awarded?
The amount depends on the justified needs of the claimant and the financial capacity of the obligated party. The court considers each case individually.
Summary
Spousal support may be granted when one party experiences financial hardship after a divorce or separation. You can file for it before, during, or after the divorce proceedings. Alimony may be provided in cash or through personal efforts. The obligation may end after five years, upon remarriage, or last indefinitely if one party was solely at fault. If your circumstances change, you can request a modification.
Do you have questions about spousal support? Need help claiming or modifying alimony? Schedule a consultation – we’ll help you protect your rights and financial stability.
