Alimony maintenance

Do I Have to Pay Alimony After Divorce in Poland?

In Poland, the issue of alimony after divorce is often complex and depends on several key circumstances, for example: fault for the divorce and the financial situation of each spouse.

Alimony obligations after divorce in Poland can be divided into two categories:

  1. Alimony for joint children – which is most often ordered in favor of the parent with whom the children have permanent residence.
  2. Alimony for a former spouse – these may be awarded if the court finds that the spouse, who is not at fault for the breakdown of the marriage, is in a difficult financial situation, or in the case of a divorce without an adjudication of fault, is in a scarcity.

The decision on alimony for a former spouse depends on the type of divorce (with or without an adjudication of guilt), the court’s findings and the financial capabilities of both parties.

Alimony obligations after divorce


Alimony in Fault-Based Divorces

In cases of a fault-based divorce, where one spouse is deemed solely responsible for the breakdown of the marriage, the spouse (the one who is innocent) may be entitled to alimony payments.

This is particularly relevant if the divorce causes a deterioration in the financial situation of the innocent party. The guilty spouse may be ordered to provide financial support to help the innocent spouse maintain a stable standard of living.

This obligation to pay alimony of a guilty spouse is for an indefinite period. This legal obligation can be changed in cases of a significant change in circumstances. The obligation will be waived in the event of remarriage by the innocent spouse.

The alimony obligation in a no-fault divorce generally lasts for up to five years, unless the court decides to extend it in exceptional circumstances.

Alimony in No-Fault or Shared-Fault Divorces

In no-fault divorces or when both parties share responsibility for the breakdown of the marriage, alimony may still be awarded. If one spouse experiences financial difficulties post-divorce and cannot support themselves adequately – experiences financial scarcity, the court may impose a time-limited alimony.

Typically, alimony payments in such cases last up to five years but can be extended if the recipient continues to experience financial hardship.

When determining whether alimony is necessary, the court evaluates several factors:

What factors does the court take into account?

When determining whether alimony is necessary, the court evaluates several factors:

  1. Financial needs of the one party.
  2. The ability of the paying spouse to meet the alimony payments while maintaining their standard of living.
  3. Health conditions and the ability of each spouse to work.
  4. The overall duration of the marriage and the lifestyle established during that period.

The court aims to ensure that the spouse can maintain a reasonable standard of living, similar to what they enjoyed during the marriage.


Child Maintenance After Divorce

In addition to spousal support, both parents have an alimony obligation towards their children, regardless of fault for the permanent and complete breakdown of marital relations. The court determines which spouse will pay alimony, typically assigning the responsibility to the one who does not live with the child. These payments cover basic expenses i.a. education, and healthcare costs.

Child alimony continues even after the child reaches the age of 18 if they are still studying or otherwise unable to support themselves.

When can alimony payments end?

When Can Alimony Payments End?

In Poland, alimony payments to a former spouse can end in the following scenarios:

  • Remarriage of the spouse.
  • A significant change in financial circumstances, i.e. where the spouse no longer requires assistance, self-sufficiency of the marriage partner.
  • Expiration of the court-ordered alimony period i.e. after five years in no-fault divorces.

Understanding Alimony in Poland: Key Legal and Financial Considerations Post-Divorce

Alimony in Poland depends on various legal and financial circumstances. Whether the court orders alimony payments for ex-spouse is determined by the fault for the divorce, the financial situation of each spouse, and the overall life needs of the spouse.

Maintenance obligations to children and former spouses are designed to ensure financial stability and security post-divorce. By understanding the legal processes surrounding alimony in Poland, you can better navigate your financial responsibilities during and after the divorce process.

FAQ Alimony after divorce in Poland

FAQ: Alimony After Divorce in Poland

What is the legal process for determining alimony?

The court determines alimony payments by evaluating factors such as the financial situation of both spouses, their health, and their ability to work, moreover based on children’s justified needs. 

If one spouse cannot maintain the standard of living they enjoyed during the marriage, they may be entitled to financial help from the other in case of sole fault divorce.


How long do I have to pay alimony for my former spouse in Poland?

In fault-based divorces, alimony may be paid indefinitely unless there is a key change in circumstances, or in case of remarriage of the supported spouse.

In no-fault divorces, alimony is typically limited to five years but can be extended by the court if necessary.


What is maintenance in the context of divorce?

Maintenance refers to the financial obligation one spouse has to support the other after divorce. This includes living expenses, in the amount determined by the court, which will ensure an adequate standard of living for the dependent spouse.


How is child support calculated in Poland?

Child support may be determined by the court, which takes into account the child’s living, education and health care costs. According to Poland law, both parents are legally obliged to support the child until the child becomes financially independent.

The court’s decision is aimed at ensuring the child’s well-being. The financial support provided by both parents is aimed at securing the child’s future by providing the necessary benefits for life.


Can alimony payments be modified?

Yes, alimony can be modified if there is a key change in the financial situation of either party or child’s needs. This could include changes in income, health, or the ability to work.

The alimony obligation may be modified in the event of a significant change in the financial situation of the parties or other unforeseen circumstances.

What happens if I don’t pay alimony?

If one of the parties fails to comply with the obligation to pay alimony, legal action may be taken, such as enforcement proceedings including wage garnishment or other sanctions. In extreme cases, as non-alimony is a crime in Poland, possible sanction may be a prison sentence of up to 2 years.


How does “maintenance” apply to child support?

Maintenance in Poland may be fulfilled in whole or in part by providing care, upbringing, and daily parental duties. Maintenance is also an obligation to provide financial support.

In the context of child maintenance, financial support is provided by parents to meet the child’s basic needs, such as education, health care and daily maintenance. The share of each parent in bearing the costs of maintaining the child also depends on the parent’s participation in the child’s upbringing.


Can alimony payments be made directly to the child?

Yes, once the child reaches 18, child support can be paid directly to the child instead of the other parent (or other representative – depending on the court’s decision).

Note that in Poland, it is the Court in the divorce judgment that determines which parent will receive child support, most often to the parent with whom the children have permanent residence.


When does child support payment end in Poland?

Alimony obligations in Poland do not automatically end when the child turns 18. They continue until the child can become financially independent, which can extend beyond adulthood if the child is still studying and unable to support themselves. If you believe that alimony is no longer justified due to the change in circumstances, you should obtain a court decision to waive the obligation.

If you’re going through a divorce and need professional legal advice regarding alimony, contact our experienced divorce lawyers today. If you are wondering how long it can take to get divorced, you can find your answer in our latest article here.

We can help you understand your rights and guide you through every step of the process to ensure your financial future is protected. Schedule a consultation and get the expert help you deserve.

Author team leader Family Martyna Dudkowiak
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Martyna Dudkowiak
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