If one spouse dies due to the fault of a third party, the other spouse may seek compensation for moral damages from the responsible party for the loss of the emotional bond.
The amounts available for damages are high.
Generally, the injured spouse is not required to present evidence to prove the existence of the marital relationship.
The burden of proof falls on the responsible party: they must demonstrate, if applicable, that the emotional bond did not exist at all or was of low intensity, in order to obtain the exclusion or reduction of damages.
The responsible party may, for example, demonstrate that the spouses were separated. However, according to the Court of Cassation ruling No. 31373/2025, such proof is not sufficient to exclude a claim for damages. Generally, the separated spouse is also entitled to compensation, based on the past relationship with the deceased and also because a separation does not necessarily mean the definitive end of the marriage, but a resumption of the relationship is always possible.