Revolution in Divorces – No More Adjudication of Guilt and Alimony from Ex-Spouse

June 2025 may go down in history as a breakthrough moment in Polish family law. The Codification Commission for Family Law at the Ministry of Justice has adopted a draft of a comprehensive amendment to the Family and Guardianship Code, which will fundamentally change the way divorce proceedings are conducted and how spousal support is adjudicated.

These changes reflect a broader European trend aimed at simplifying divorce procedures and better protecting the welfare of children. For many couples, this means a faster and less painful separation process. For family law practitioners, it signals a new direction in the interpretation and application of family law.

So, what exactly is about to change?

1. No More Divorce with Adjudication of Guilt

One of the most significant assumptions of the proposed amendment is the complete removal of fault-based divorce and separation rulings. Currently, courts are required to determine which spouse is responsible for the breakdown of the marriage – unless both parties jointly request a no-fault divorce.

In practice, this often leads to lengthy proceedings involving witness testimony, expert opinions, the examination of private communications, and disputes over the most intimate details of marital life.

The amendment proposes to eliminate the obligation to determine fault altogether. As a result, divorce will no longer be a process of “finding the guilty party” but rather a fair and efficient means of resolving a marital crisis.

This change aims to reduce the number of emotionally charged and high-conflict proceedings, which directly benefits the well-being of children who are too often unintended witnesses to adult disputes.

Removing the need to determine fault not only shortens the legal process but also allows both parties to preserve more dignity. It enables them to end the marriage without disclosing painful personal secrets or traumas, thus protecting their privacy and mental health.

2. Spousal Support Only When Truly Needed

The second major change involves a complete redefinition of the spousal support obligation between former spouses.

Under the current law, alimony may be awarded when one spouse is found solely at fault for the breakdown of the marriage. This has often led to situations in which the higher-earning party was required to financially support their ex-partner for many years, regardless of that person’s ability to support themselves.

The proposed legislation introduces an entirely new philosophy: as a general rule, each former spouse should be responsible for their own financial support. Alimony will only be granted in exceptional situations, such as:

  • illness,
  • disability,
  • advanced age preventing employment,
  • particularly difficult life circumstances.

Under the new system, spousal support will be based on real financial need, not emotional or moral reckonings. Alimony will no longer serve as a “reward” for being the innocent party, but rather as a practical support mechanism for those who genuinely require assistance.

3. A New Legal Reality

The proposed changes are not only legislative in nature – they also represent a significant improvement in the emotional well-being of individuals going through a divorce.

Simplified procedures mean less stress, fewer confrontations, and quicker resolutions – which is especially important for families with children.

Eliminating the obligation to determine fault reduces the likelihood of conflict, mutual accusations, and emotional escalation. This new approach allows for a more amicable and respectful separation – one that places greater emphasis on the best interests of the children.

There is no doubt that the proposed changes represent a breakthrough for many people. Abandoning the fault-based model will simplify proceedings, reduce tension, and increase the chances of reaching amicable settlements.

It is also worth emphasizing that the new rules introduce a fairer approach to alimony – one granted only when truly needed. This is good news for those wishing to close a difficult chapter of marital life while safeguarding their children’s well-being and protecting their own privacy.

Need Legal Assistance?

We will continue to monitor the legislative process closely. If you require legal assistance or have questions about your rights under the new family law framework, feel free to contact our law office: