Supreme Court allows widow's pension claim based on marital community despite lack of formal support rights.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a lower court decision denying a widow's family pension. The applicant, a widow who had separated from her husband in 1988 but continued supporting their children, argued she should receive the pension. The court ruled that the statutory definition of 'marital community' requires a real spiritual and economic bond, not just formal separation, and since the applicant maintained this bond, the pension was due.
Regeste Legislator
Généré par l'IAArt. 41 ust. 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników; The right to a family pension for a divorced or widowed spouse is granted if, at the time of the spouse's death, they did not live in a marital community, provided they had a right to alimony established by a court judgment or settlement.