How to divide funds in ZUS accounts after divorce in Poland?
After divorce, spouses face the necessity of dividing jointly acquired property, including funds accumulated in ZUS (Zakład Ubezpieczeń Społecznych). In Poland, there are clear rules for how these funds are divided after the marriage is dissolved. The main aspect is that funds in ZUS accounts may be recognized as jointly acquired property and therefore subject to division between the spouses.
In the case of divorce, spouses can decide how to divide these funds by agreeing among themselves. For this, they need to sign a notarial agreement that sets out the terms of dividing the funds in the ZUS accounts. This approach allows both parties to reach an agreement without court intervention. However, if there is no agreement between the spouses regarding the division, they must go to court to resolve this issue.
Stages of dividing ZUS account funds
- Agreement between spouses. The first step is for the spouses to try to agree on how to divide the funds in the ZUS accounts. They can sign a notarial agreement defining the terms of the fund division.
- Filing a claim with the court. If no agreement is reached between the spouses, a claim must be filed with the court for the division of jointly acquired property, including funds in the ZUS accounts. The claim should list all joint assets, including funds in the ZUS accounts.
- Court ruling. The court will conduct an evidentiary procedure to determine how the funds in the ZUS accounts should be divided. The court may consider various factors, such as the financial situation of the spouses, as well as the presence of children or other special circumstances.
- Transfer of funds. After the court ruling, ZUS will transfer part of the funds from one account to another. This applies to both the main ZUS account and the pension fund if the funds were accumulated in the pension accounts.
Legal support for dividing ZUS funds
In case of disputes or if one of the spouses tries to avoid dividing the funds, it is important to have the assistance of an experienced lawyer who will help protect your rights and interests. It is important to consult a specialist who can provide advice and legal assistance at each stage of the process. Our lawyers have experience in legal matters concerning property division, including funds in ZUS accounts.
Questions and answers
Question
What documents are required to file a claim in court regarding the division of funds in ZUS accounts?
Answer
To file a claim in court, you need a marriage certificate, documents confirming the presence of jointly acquired funds in the ZUS accounts, as well as other documents that may confirm the financial situation of the spouses.
Question
How long does the process of dividing funds in ZUS accounts take in court?
Answer
The process may take several months to a year depending on the complexity of the case and the amount of evidence. In case of complicated circumstances, such as disputes over assets or financial situation, the process may be extended.
Legal assistance. Our team will provide full legal assistance during the process of dividing funds in ZUS accounts, including document preparation and representation in court.
Financial analysis. We will help you assess the financial consequences of dividing the funds in ZUS accounts and find optimal solutions for your situation.
Situation analysis. Our specialists will conduct a full analysis of your situation to ensure a fair distribution of funds and protect your interests during the process.
If you have any questions or need advice on dividing funds in ZUS accounts after divorce, contact us at +380631688139. Our lawyers will provide you with professional assistance and support.
The division of funds in ZUS accounts after divorce is a complex process, but with the right assistance, it can be done quickly and without significant financial loss. It is important to have qualified legal support at each stage to avoid mistakes and ensure the best conditions for yourself and your loved ones.
