Divorce and separation in Poland

The obligation to adjudicate

In a case of divorce always (unless both spouses do not want it), the court decides who is guilty of decomposition. The same is true in the case of separation, with the exception of separation adjudicated in a non-contentious manner on a joint application of the parties. The court may order that one of the spouses, both spouses or none of the spouses be guilty.

The concept of guilt

Guilt is not clearly defined in the law. In practice, it is about determining which spouse (or both spouses) by their reprehensible behavior caused that the marriage fell apart. Misbehavior should also be understood as the negligence of one of the spouses.

Effects of the verdict on guilt

The verdict on guilt has a moral dimension, but above all it has financial consequences in the form of alimony for the other spouse.

Firstly, a divorced spouse who has not been found guilty of the breakdown of his life and who is in need, may demand divorced from the other spouse to provide the means of subsistence to the extent corresponding to the legitimate needs of the rightholder and the earning and property opportunities of the obligee. Put simply, a spouse who is in a state of poverty who has not been found guilty of the breakdown of his life, may demand alimony from his spouse.

Secondly, if one of the spouses was found guilty only of the decomposition of a divorce, and the divorce results in a significant deterioration of the innocent spouse's situation, the court, upon request of the innocent spouse, can decide that the spouse should only contribute to satisfying the spouse's justified needs innocent (ie, paying alimony), even if this was not in need.

It should be noted that in the case of divorce (but not separation), maintenance for the other spouse is paid in principle only for 5 years or until the date of the new marriage. The obligation to provide livelihood to a divorced spouse expires if the spouse has entered into a new marriage. However, if a divorced spouse is deemed not to be found guilty of the breakdown of the marriage, this obligation shall also expire five years after the divorce, unless due to exceptional circumstances the court, at the request of the right holder, extends the said five-year period.