The court may rule in the matter of maintenance, whether in the divorce decree or at a later moment. Maintenance may relate to former spouses, or to common minor children.
As a general rule, after a divorce decree has been issued, each of the spouses may claim that the other spouse provides means of subsistence to the petitioning spouse if the latter has become impoverished.
However, the party which is solely guilty of the breakdown of marriage is not entitled to this right. In addition, the spouse who has been ruled to be solely guilty of the breakdown of marriage is obliged to provide the other spouse with means of subsistence not only if the other spouse has become impoverished but also if his/her financial situation significantly deteriorated as a result of divorce.
Divorces result in the obligation to provide maintenance to the other spouse for five years after the divorce, in case one spouse becomes impoverished. This obligation expires if the spouse who receives maintenance has remarried.
However, the five-year limitation does not apply to spouses who have been found guilty of the breakdown of marriage. Each parent is obliged to maintain their children in accordance with the principle of equal living standards. The limits of that obligation are delineated by ‘justified needs of the child’ on the one hand, and by the financial resources and earning potential of the person who is obligated to pay maintenance. The maintenance obligation may also involve personal efforts in raising the child.
For legal advice on maintenance and questions related to the representation of the process, we invite you to a personal meeting with Ms. Aleksandra Pietkiewicz lawyer, a specialist in family law. In order to arrange a meeting time (also after 17.00), please call the firm at 8.00 AM – 17.00 PM.