Polish courts are increasingly granting alimony to divorced women, even those who are employed, based on a decline in their standard of living.
Alimony After Divorce: A Growing Trend
Alimony payments to ex-wives are becoming more common in Poland, with courts increasingly willing to award benefits even to women who are actively employed. Contrary to popular belief, a woman’s own income does not automatically disqualify her from receiving support.
The courts consider various factors, including the circumstances of the divorce and the post-divorce financial situations of both parties.
Work Does Not Exclude Alimony
While alimony is often associated with child support, Polish law also allows for financial support from a former spouse. The key factor is the standard of living, not simply an empty bank account.
The Impact of Fault in the Divorce
Regardless of the marital property regime (joint ownership or a prenuptial agreement), a former wife can seek alimony if she meets certain conditions. A court’s determination of fault in the divorce significantly impacts the outcome.
Exclusive Blame of the Former Husband
If the court finds the husband solely responsible for the divorce and it demonstrably worsens the ex-wife’s living conditions, she may be awarded alimony without proving extreme poverty. The woman must demonstrate a significant decline in her standard of living compared to during the marriage.
The final amount of the support is determined based on the woman’s justified needs and the ex-husband’s actual earning capacity and assets.
Divorce Without Fault or with Mutual Fault
If the divorce is granted without assigning blame or with both parties at fault, alimony is only possible if the ex-wife is in need. This means she is unable to cover her basic living expenses.
The court considers both the claimant’s needs and the former husband’s financial capabilities when making a decision.
Debunking Myths: Focusing on Loss Due to Divorce
Lack of employment is not a prerequisite for receiving alimony. A former wife can earn income, but if it doesn’t maintain her previous lifestyle or cover essential expenses, the court may grant support. Her employment status and potential for work are also evaluated.
Duration of Alimony Payments
The length of the alimony obligation depends on the grounds for divorce. In cases of the husband’s exclusive fault, payments can continue for many years, even for life, but terminate upon the ex-wife’s remarriage.
If the alimony is awarded due to need, it generally lasts for a maximum of five years after the divorce, though the court can extend this period under special circumstances.
Modifying Alimony Payments
The alimony obligation can be modified. Either party can request a change in the amount. An improvement in the recipient’s financial situation may lead to a reduction or termination of payments, while a worsening of her circumstances may justify an increase.
Recent Trends in Alimony Awards
Data from recent years shows that alimony awards to ex-wives are not uncommon. In 2024, over 200 final judgments were issued in such cases outside of divorce proceedings, with an average payment exceeding 1,200 PLN per month. Even more decisions were made within divorce cases, with average alimony reaching approximately 1,360 PLN.
Changing court practices indicate that alimony between former spouses is becoming an increasingly important aspect of divorce settlements, with awards dependent on the individual assessment of each case.