ATTENTION ! automatic translation from Polish
According to the Supreme Court decision of 12 July 2023 (I USK 316/22), a court decision on separation excludes the widow’s right to a family pension under art. 70 sec. 3 u.e.r.f.u.s., unless she had the right to alimony from her husband on the day of his death established by a judgment or court settlement. After the separation decision, the condition for the right to a family pension is to establish that the deceased actually voluntarily supported the spouse, and not only provided mutual assistance (art. 60 sec. 1 or 2 in connection with art. 614 sec. 3 k.r.o. and art. 70 sec. 3 u.e.r.f.u.s.).