Polish courts can order a spouse who isn’t contributing financially to cover household expenses during marriage, even without divorce proceedings.
Financial Responsibility During Marriage
Many Polish households face situations where one spouse doesn’t contribute to daily expenses or pay bills. While divorce and alimony are often considered solutions, Polish law offers a faster route: the obligation to meet family needs.
This allows a court to compel a spouse to financially support the household while still married. The process involves filing a lawsuit, and the court can even order the spouse’s salary to be paid directly to the other partner.
Legal Basis: Article 27 of the Family and Guardianship Code
According to the Family and Guardianship Code, both spouses are obligated to jointly meet the needs of the family. This obligation extends beyond monetary contributions and includes childcare and household management.
What the Court Considers
If one spouse doesn’t participate in household costs or their contribution is disproportionate, the other spouse can file a lawsuit. Courts assess not only actual earnings but also earning potential.
The court may order the transfer of a portion of the non-contributing spouse’s salary directly to the other spouse, and in cases of non-compliance, can initiate enforcement proceedings through a bailiff.
Non-Monetary Contributions
The obligation to meet family needs doesn’t always require financial contributions. Caring for the home and children can be recognized as an equivalent contribution. Problems arise when a spouse makes neither financial nor personal contributions.
Enforcement and Penalties
If a court order is not followed, a bailiff can be involved to seize wages, bank accounts, and other assets. Persistent non-compliance may even lead to criminal liability, particularly if it involves child support.
Preparing a Claim
Before filing a lawsuit, it’s important to gather documentation, including proof of expenses, income statements, and evidence of the other spouse’s financial capacity.
Ultimately, Polish law emphasizes that maintaining a family is a shared responsibility, and a spouse who fails to meet this obligation can be legally compelled to do so.