Polish law allows a spouse to legally compel their partner to financially contribute to household costs during marriage, even without pursuing divorce and alimony.
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 the solution, Polish law offers a faster route to financial stability.
The legal obligation to meet family needs allows a court to compel a spouse to financially support the household while still married.
Legal Basis: Article 27 of the Family and Guardianship Code
According to the Family and Guardianship Code, both spouses are obligated to jointly satisfy the needs of the family. This obligation extends beyond monetary contributions and includes childcare and household management.
What Can Be Done When a Spouse Doesn’t Contribute?
If one spouse avoids financial responsibility, or their contribution is disproportionate, the other spouse can file a lawsuit demanding they contribute to family needs. This is a distinct legal action from alimony, applicable only to married couples.
What Does the Court Consider?
Courts assess not only actual earnings but also earning potential. This is particularly effective when a spouse avoids responsibility despite having income.
The court recognizes that contributions can be non-monetary, such as childcare and housework. Problems arise when a spouse provides neither financial nor personal contributions.
Court Actions and Enforcement
If a spouse fails to participate in household costs or their contribution is disproportionate, the court can order them to regularly transfer funds, determine how expenses are covered, or even direct a portion of their salary to the other spouse.
Failure to comply with a court order can lead to enforcement by a bailiff, including wage garnishment, bank account levies, and seizure of assets. Persistent non-compliance may also result in criminal charges, particularly if it involves child support.
Preparing a Lawsuit
Before filing a lawsuit, it’s important to gather documentation of household expenses, income statements, and evidence of the spouse’s financial capacity.
Key Takeaway: Shared Responsibility
Polish law clearly states that maintaining a family is the responsibility of both spouses, regardless of who earns more. If one spouse shirks this responsibility, the other has legal recourse to ensure family stability.