Divorced wife denied family pension because she lacked alimony rights under Art. 60 KRO, not Art. 27 KRO.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a decision denying a divorced wife family pension benefits. The court found that the lower court incorrectly applied Article 27 of the Family and Guardianship Code, which governs alimony during marriage, rather than Article 60, which applies to divorced spouses. The court ruled that the statutory basis for the pension depends on the specific alimony right established at the time of the husband's death, distinguishing the legal status of a divorced wife from a widow.
Legislator headnote
AI generatedArt. 60 Kodeksu rodzinnego i opiekuńczego; Art. 70 ust. 3 ustawy o emeryturach i rentach: The right to family pension for a divorced wife is contingent upon alimony rights established under Article 60 of the Family and Guardianship Code, not Article 27, as the legal situations of divorced spouses and widows are distinct.