Divorce is simply a hard and frequently painful experience that has a number of legal consequences. 1 of them is the chance to apply for alimony from a erstwhile spouse. In what cases can the court grant alimony? What conditions must be fulfilled? How long can you receive financial support from your erstwhile partner? 1 of our household lawyers answers these questions.
Two basic alimony scenarios
In the context of alimony after divorce, Polish law distinguishes 2 basic scenarios in which the erstwhile spouse can receive financial support.
1. Exclusive wine of 1 of the spouses
The first case concerns a situation in which a court finds the sole responsibility of 1 of the spouses for the dissolution of a marital relationship. In that case, an innocent spouse has the right to request alimony from the guilty. Importantly, it does not should be in need. It is adequate that his situation will deteriorate as a consequence of the divorce. This means that the standard of surviving of an innocent spouse is deteriorating so that this can be considered a crucial simplification in the standard of living. Therefore, the grounds for alimony in this situation are:
- the sole wine of the spouse liable to pay the alimony,
- significant deterioration in the material situation of an innocent spouse,
- principles of fairness.
2. No self-maintenance
The second case concerns a spouse who, after divorce, is incapable to support himself, regardless of who is liable for the breakup of the marriage. specified a spouse may apply for alimony if he is underprivileged.
In practice, this means that if, as a consequence of a divorce, 1 of the spouses is in a very hard financial situation, he has the right to require support from a erstwhile partner. However, in order for the court to grant alimony in the event of a divorce without a judgement on guilt, it is essential to prove that the individual entitled to kid support cannot support himself. To this end, it should be shown that efforts have been made to find a occupation or to improve professional qualifications, but there is no anticipation of earning or surviving on its own.
Example: deficiency of professional experience as a basis for alimony
Often, 1 of the spouses, usually a woman, is devoted to raising children or supporting a spouse in moving a business, thus failing to gain professional experience. In this case, after divorce, her situation on the labour marketplace can be very difficult.
Justyna Puszka-Jeleń explains: “If the wife spent her full matrimony taking care of the house, not working professionally, has no experience or practice, and abruptly faces the request to find a occupation after the divorce, she can apply for alimony from her ex-husband in a situation where she is incapable to stay at her current level.”
Each court shall examine closely whether the erstwhile spouse has the financial capacity to support the second spouse. An crucial component of judicial proceedings is besides the assessment of whether there are real opportunities for the maintenance of a individual entitled to kid support.
How long is maintenance?
The maintenance work to a erstwhile spouse usually lasts 5 years after the divorce ruling. However, there are situations where this work may be extended. These are exceptional cases, specified as illness, disability, or another circumstances that make it hard for a erstwhile spouse to function independently.
It is besides worth remembering that the maintenance work expires erstwhile a spouse who receives alimony enters a fresh marriage. This is erstwhile a fresh individual begins to run a common household, which means that he should receive financial support from a fresh partner.
Summary
Alimony after divorce is simply a complex subject which requires a thorough analysis of the situation of both parties. The law provides for the anticipation of granting a kid support to an ex-wife under certain circumstances, both in the case of an exclusive judgement of responsibility and in the case that 1 of the spouses is incapable to support himself. The decision of the court depends on a number of factors, including the financial situation of both parties and on what efforts have been made to guarantee self-maintenance.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.You have questions or request aid – welcome to contactOh, my God!
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Alimony After Divorce: erstwhile can a erstwhile spouse search financial support?
