Cohabitation and alimony

Pursuant to Art. 60 § 3 of the Polish Family and Guardianship Code, the maintenance obligation towards the former spouse shall expire in the event of the contracting of a new marriage by that spouse. Therefore, the Supreme Court in the judgment of 10 July 1998 (I CKN 788/97) had to rule that if the former spouse did not formalize a new relationship, the maintenance obligation still exists. Staying in cohabitation by a divorced spouse entitled to alimony is not a statutory condition for the expiry of the maintenance obligation towards him by the other divorced spouse.