Alimony is a monetary aid that the other party is obliged to pay during or after the divorce proceedings in order to ensure the subsistence of one of the parties or to participate in the care and education expenses of the joint children. The Turkish Civil Code (TCC) regulates the institution of alimony in order to protect the spouse and children who will be in an economically difficult situation due to divorce. Alimony differs according to its type, duration and amount and is determined by the court by taking into consideration the social and economic status of the parties and the principle of equity.
Legal Framework: Bases of the Right to Alimony
Types of alimony are regulated under the divorce and general provisions of marriage sections of the TCC. Precautionary alimony is regulated under Article 169 of the TCC, poverty alimony under Article 175 of the TCC, and subsidiary alimony under Article 182 of the TCC.
Turkish Civil Code – Article 175: Poverty Alimony
The party who will fall into poverty due to divorce may request alimony from the other party indefinitely in proportion to his/her financial capacity for his/her subsistence, provided that his/her fault is not more severe. Fault of the alimony obligor is not required.
Types of Alimony
- Precautionary Alimony: When a divorce or separation lawsuit is filed, it is the alimony that is tied to ensure the temporary subsistence of one of the parties or minor children during the continuation of the lawsuit. No fault is required for the award of precautionary alimony; it is sufficient only if one of the parties needs financial support. When the case is concluded, the alimony ends automatically.
- Poverty Alimony: It is the alimony paid by the other spouse to the spouse who will fall into poverty due to divorce after the finalisation of the divorce decision. In order to request poverty alimony, the following conditions must be fulfilled together
- The requesting spouse will fall into poverty due to the divorce.
- The fault of the requesting spouse in the divorce is not more severe than the other spouse.
- The financial power of the other spouse (alimony obligor) is sufficient to pay alimony. Poverty alimony, as a rule, is indefinite. However, it can be cancelled by a court decision if the alimony recipient remarries, lives as if married, no longer lives in poverty or leads a dishonourable life.
- Collaboration Alimony: It is the alimony paid by the parent who is not given the custody of the joint child after the divorce in order to participate in the expenses such as care, education and health of the child in proportion to his/her financial power. In maintenance, the fault of the parties is not considered; the basic principle is the best interest of the child. Maintenance continues until the child becomes an adult (reaches the age of 18). However, if the child continues his/her education even though he/she is an adult, alimony may continue to be paid during the education period (Support Alimony).
- Relief Alimony: It is a type of alimony arising from the obligation of family members to help each other. It is not only related to divorce. The parents, children and siblings, who will fall into poverty if they are not assisted, may request alimony from others in proportion to their financial capacity.
Alimony Request and Determination
Alimony can be requested in the petition for divorce or it can be requested with a separate lawsuit after the divorce case is finalised. While determining the amount of alimony, the court takes the following points into consideration
- Social and economic status of the parties (income, assets, living standards).
- The age, educational status and needs of the child (in the case of subsidiary alimony).
- The fault rates of the parties in the divorce (in poverty alimony).
- The principle of equity.
The amount of alimony can be re-determined through a “lawsuit for increasing or decreasing the alimony” in case of a change in the situation of the parties or a decrease in the purchasing power of money due to inflation.
Alimony is the most important financial consequence of divorce and, as a requirement of the principle of social state, it aims to protect the spouse and children who will suffer due to divorce. Alimony, which has different types such as precautionary, poverty, participation and assistance alimony, is determined by the court in accordance with the situation of the parties and equity. Since processes such as making alimony requests correctly and on time, determining the amount fairly and taking legal action in case of non-payment require legal knowledge, it is of great importance to get support from a family law lawyer.