Divorced wife granted family pension despite late claim due to proven material and spiritual marital bond.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court set aside the lower court's dismissal of the family pension claim and remanded the case for retrial. The applicant, a divorced wife, argued she maintained a material and spiritual bond with her deceased husband until his death, despite lacking formal alimony rights and filing the claim over a decade later. The Court ruled that the delay was irrelevant and that the existence of a genuine economic and spiritual connection, proven by witness testimony and cohabitation, satisfied the statutory requirements for the pension.
Legislator headnote
AI generatedArt. 41 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; A divorced wife is entitled to a family pension if a real material and spiritual bond existed between her and her deceased husband at the time of his death, regardless of the lapse of time since his death or the absence of formal alimony rights.