Division of Property After Divorce and the Difference in the Spouses’ Earnings

Do higher earnings of one of the spouses constitute a larger share of the property?

The division of property after divorce does not always look the way it might seem at first glance. If one of the spouses earned significantly higher income for years, this does not automatically mean that they are entitled to larger shares in the joint property.

The law assumes that, as a general rule, spouses contribute equally to the accumulation of joint property. In order to assess their contribution, the court does not take into account only the financial contribution, but also the burden of household work that a given spouse undertook during the marriage, including, among other things, caring for minor children, maintaining the household, or involvement in family life. This follows directly from Article 43 of the Family and Guardianship Code.

Basic principles of property division

Focusing on § 1 of the above-mentioned provision, spouses initially have equal shares, which means that upon division they amount to 50% for each of the spouses. However, this does not mean that the court in every case must conclude the proceedings with such proportions. § 2 of Article 43 of the Family and Guardianship Code provides for the determination of unequal shares at the request of either spouse, based on important reasons, when the spouses contributed differently to the joint property.

Therefore, it is important to look at the overall functioning of the family, the involvement of each spouse, and not solely at the amount of each spouse’s income.

Professional work is not the only way of building joint property.

Let us imagine a marriage in which the husband works in a well-paid position for many years and earns significantly more than the wife. The wife, on the other hand, limits her professional activity because she takes care of the children, organizes family life and runs the household.

At first glance, one might conclude that the husband contributed to the creation of the property to a significantly greater extent. Such an approach, however, would be too simplistic.

This is where § 3 comes into play, which requires that, when assessing the degree of contribution, personal work in raising children and running the joint household must also be taken into account.

This means that caring for children or managing the household on a daily basis is not treated as an activity without significance from the perspective of property division. It is an element of family life that may influence the assessment of the shares of former spouses.

What does contributing to the creation of “joint property” mean?

Contribution to the creation of joint property should be understood broadly. Not only on an economic basis, as earning income. When making this assessment, the following may be relevant, among other things:

• The way in which earned money was managed
• The amount of household responsibilities performed
• Caring for and raising children
• Involvement in family life
• The overall range of activities undertaken by each spouse for the benefit of the family

Therefore, what matters is not only how much money each spouse earned, but also how both participated in family life. The Supreme Court has pointed out that the assessment of contribution cannot be limited solely to economic achievements.

Supreme Court: high earnings do not determine the division

In a recently considered case, the former husband sought to be awarded 90 percent of the joint property. He argued, among other things, that he had earned significantly higher income than his wife, who worked professionally to a much lesser extent and, above all, took care of raising the children and running the household.

The lower courts determined that the spouses had equal shares. In its order of 14 July 2026, case no. I CSK 1665/26, the Supreme Court refused to accept the cassation appeal for examination. As a result, the earlier determination of equal shares remained in force.

This does not mean, however, that every marriage in which one spouse earned significantly more will end with an equal division. Each case is assessed based on its specific circumstances.

What does this mean for people dividing property after divorce?

The conclusion in this regard is straightforward: the amount of remuneration should not be assessed separately from the other responsibilities of the spouses. The case should be examined comprehensively.

If one spouse focused primarily on professional work, while the other assumed the majority of responsibilities related to the children and the household, both types of involvement may be relevant when assessing the contribution to the creation of joint property. It cannot be concluded from this that if one spouse earned a higher salary but did not take care of the household, they are therefore entitled to a larger share in the division of joint property.

At the same time, the other party also cannot assume that simply taking care of the household will always guarantee them half of the property. The court analyzes the individual situation of the spouses, their conduct, the way in which funds were managed, and the actual division of family responsibilities.

Summary

The division of property after divorce is, as a general rule, based on equal shares of the spouses. Departing from this principle is possible, but it requires a comprehensive analysis of the particular case, based on the conditions set out in Article 43 of the Family and Guardianship Code.

A significant difference in earnings may appear to be a basis for the court to determine unequal shares of the spouses proportionally to these contributions. However, reality requires looking deeper into the life of the family, their division of responsibilities, and their involvement in the household.

Therefore, in a property division case, it is worth looking at the marriage as an integral whole, as one organism that performs different functions and requires different contributions, and income is only one of the elements contributed by each spouse.

If you have any questions or doubts, as well as if you would like to cooperate with us, we invite you to contact our attorney Katarzyna, who will be happy to answer your questions and help you throughout the procedure.

Phone: +48 502 775 164
Email: k.lewicka@lzw-law.com