Obligation of a divorced spouse to provide to another spouse Cover Image

Obowiązek dostarczania środków utrzymania przez jednego z rozwiedzionych małżonków drugiemu małżonkowi
Obligation of a divorced spouse to provide to another spouse

Author(s): Agnieszka Tomaszewska
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Kancelaria Sejmu
Keywords: Family and Guardianship Code; alimony; divorce;

Summary/Abstract: The existence and scope of maintenance obligations between divorced spouses depend not only on their needs and income and property options, but also on the decision as to the fault for the breakdown of the marriage. Irrespective of the general reasons for the termination of the maintenance obligation as a result of the death of the entitled or obliged person, the Family and Guardianship Code provides for special cases of the termination of the maintenance obligation. The court may, at the request of the entitled person, extend this obligation if “exceptional circumstances” occur. The provisions do not provide for time limits on the obligation to pay maintenance to a spouse who had been found guilty of the breakdown of marriage. This obligation may be a burden for life if the former spouse does not remarry.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 117-126
  • Page Count: 10
  • Language: Polish