New amendments to the Polish Family and Guardianship Code propose abolishing fault-based divorce rulings, a move expected to significantly alter the landscape of post-divorce alimony and limit long-term financial obligations.
The Shift in Fault-Based Alimony
In the current Polish legal system, a court may designate one spouse as exclusively at fault for a marriage breakdown. If a husband is found solely responsible, the ex-wife can demand alimony based on a significant decline in her financial situation, even if she is not in state of poverty.
This “extended maintenance obligation” often acts as a sanction against the at-fault party. Courts analyze income differences, standards of living before and after the divorce, and the duration of the marriage to determine these payments, which can theoretically last a lifetime.
Alimony After the 2026 Reforms
Legislative work on the Family and Guardianship Code aims to abolish the practice of assigning fault during divorce proceedings. This change will shift the criteria for granting financial support.
Under the amended regulations, either spouse may request support only if they are unable to meet their own justified needs, the other spouse has significantly greater earning potential, and the request aligns with social norms. The court will consider factors like age, health, childcare duties, and the duration of the marriage.
Time Limits on Financial Support
A key element of the proposed changes is the introduction of a maximum five-year duration for alimony, unless the recipient remarries. Extensions beyond this period will be granted only under exceptional circumstances.
Legislators anticipate that eliminating fault-based rulings will reduce the total number of alimony cases, transforming the maintenance obligation from a penalty for a failed marriage into a tool for meeting genuine needs.
