ALIMONY AND ALIMONY LAWSUITS

ALIMONY

Literally, alimony is a monthly payment awarded by a court to someone responsible for supporting and caring for another person. In the context of divorce law, alimony refers to the money that must be paid monthly to a person who will experience financial difficulties during or after a divorce.

In general, regarding alimony: Alimony is a personal debt arising from family law. Therefore, it is non-transferable. Alimony terminates upon death and does not pass to heirs. Since alimony is not subject to statute of limitations, it can always be requested by the relevant parties. Applications for alimony are generally made to the court.

The recipient of alimony may request an increase in alimony payments due to future changes in their economic circumstances and can file a lawsuit for this purpose. Similarly, the spouse paying alimony may file a lawsuit to reduce the alimony amount if they experience future economic difficulties and a decrease in income. The judge has discretionary power in such cases.

TYPES OF ALIMONY

1 – INTERIM ALIMONY

Interim alimony is a type of alimony awarded by a judge during a divorce case, where one spouse decides on financial contributions to the other. The judge considers several factors when determining this type of alimony, including the spouses' educational level, social status, and financial situation. The decision on alimony is not based on who initiated the lawsuit or who is at fault, as the spouses' obligations to each other continue even during the divorce proceedings. Interim alimony remains valid from the date the lawsuit is filed until the divorce is finalized. When a divorce is granted, the interim alimony continues, but the name of the recipient changes. The amount of interim alimony is determined based on the defendant's income, aiming to ensure that the other spouse maintains the same living conditions after the divorce as they did during the marriage.

2 – ALIMONY FOR POVERTY

Alimony is regulated in Article 175 of the Turkish Civil Code. According to this article, it is a type of alimony awarded by the judge, taking into account the economic and financial capacity of the other party, to enable a person who has fallen into poverty as a result of divorce to maintain their life. For this type of alimony to be awarded, the recipient must not have committed a serious fault. Alimony can be requested indefinitely.

Conditions for alimony payments:

1 – One of the parties must make a request. Without a request, the judge cannot award alimony on their own initiative. The request for alimony must be made during the divorce proceedings.

2 – The requesting spouse must have minimal or no fault.

3 - The poverty of the spouse requesting alimony will decrease

4. The alimony awarded by the judge must be proportionate to the financial capacity of the person obligated to pay. The financial situation of the person paying the alimony constitutes the upper limit for poverty alimony.

If the claim for alimony is made during the divorce proceedings, the competent court is the family court authorized to hear the divorce case. If the alimony claim is filed separately after the divorce, the family court in the recipient's place of residence is the competent court.

Alimony payments are for an indefinite period. However, the circumstances stipulated in Article 176, paragraph 3 of the Turkish Civil Code terminate alimony payments. According to this article, alimony payments end in the following cases: the death of one of the parties, the recipient's remarriage or cohabitation with another party without marriage, the cessation of the recipient's poverty, or leading a dishonorable life.

PARTICIPATION (CONTRIBUTION) ALIMONY

This is a type of child support where the spouse who does not have custody of the child, following a divorce or separation, contributes to the child's care and education expenses. The amount of this support is determined by the judge. Child support continues throughout the divorce proceedings and even after the divorce is finalized.

Child support is determined by considering the child's health, education, and moral well-being. This type of support is paid monthly, not as a lump sum, and the amount can be increased or decreased in future years depending on the social and economic circumstances of the parties. Child support continues until the child(ren) reach adulthood. However, if the child continues their education even after the age of eighteen, the support may be continued. Child support is determined by the judge without a request.

SUPPORT ALIMONY

It is alimony paid in situations where a person would fall into poverty if they were not provided with assistance. Those who can claim alimony are, in order:

1 – Children, grandchildren

2 – Mother, Father

3 – Siblings. The obligation to provide maintenance for siblings depends on the financial well-being of the person obligated to provide it.

4 – Grandmother, grandfather