Supreme Court allows widow's pension despite marital property separation, ruling cohabitation not required for statutory community property.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed the widow's pension claim, overturning the lower court's dismissal based on the applicant's residence abroad. The court found that while the couple lived separately and lacked economic cohabitation, the statutory community property regime remained in force at the time of the husband's death. Consequently, the court ruled that the specific condition of cohabitation was not a prerequisite for the pension right when the marital property community existed legally.
Legislator headnote
AI generatedArt. 41 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 27 k.r.o.: The right to a family pension for a widow is not dependent on cohabitation if the statutory marital property community existed at the time of the husband's death, as the legal regime supersedes the lack of physical or economic joint life.