Supreme Court dismissed widow's pension claim for divorced wife lacking court-ordered alimony judgment.
Legislator summary
AI generatedThe Supreme Court dismissed the widow's pension claim, ruling that the condition of 'remaining in marital community' applies only to widows, not divorced wives. The court found the applicant failed to prove a legal obligation for alimony via a court judgment or settlement at the time of her husband's death. Consequently, the court held that examining the existence of a material or spiritual bond between the divorced couple was unnecessary and legally inconsistent with the grounds for divorce.
Legislator headnote
AI generatedArt. 41 ust. 1, 2, 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; The right to a family pension for a divorced wife is contingent upon a court judgment or settlement establishing an alimony obligation, rendering the examination of a marital bond irrelevant.