POVERTY ALIMONY

Divorce proceedings, while terminating the marital union, also have economic consequences. The most important of these is alimony. Although commonly referred to as indefinite alimony, the word "indefinite" has been removed from Article 175 of the Turkish Civil Code. The purpose of alimony is to fulfill the obligation of solidarity that continues even after the dissolution of the marriage. The aim is to prevent one spouse from falling into destitution after marriage.

Alimony

Article 175 - A party who will fall into poverty due to divorce may request alimony from the other party, in proportion to the other party's financial capacity, for an indefinite period, provided that their fault is not more severe.

The fault of the person obligated to pay alimony is not sought.

A. A Request Must Have Been Made

It is a prerequisite for the spouse requesting alimony to have made an explicit request (demand) . The judge cannot make such a request ex officio. This request can be made while the divorce proceedings are ongoing, or it can be made in a separate lawsuit filed within one year of the divorce proceedings becoming final.

B. The fault of the spouse requesting alimony must not be "more serious" than that of the other spouse

The person requesting alimony must be less at fault or blameless than the person obligated to pay alimony. Fault is not considered in the alimony obligor.

C. The Spouse Requesting Alimony Must Be Facing the Risk of "Falling into Poverty"

The concept of falling into poverty refers to the inability to meet basic needs. While earning minimum wage does not prevent a person from claiming alimony, having a regular income does.

D. Alimony should be proportionate to the "financial capacity" of the party paying it

Alimony payments are limited by the financial capacity of the obligated party. An amount of alimony that would completely destitute and impoverish the debtor cannot be determined. A fair decision must be made. In making this decision, the judge considers the social and economic status of the parties, the duration of the marriage, and their living standards.

Can men receive alimony?

The right to claim alimony exists regardless of gender. What matters is the likelihood of falling into poverty after the divorce and whether or not fault exists.

Amount of Alimony in Agreed Divorce

The parties can freely determine the terms of alimony in an amicable divorce case, but the amount and form of alimony must be specified.

 

Method of payment of compensation and alimony

Article 176 - Material compensation and alimony payments may be made in a lump sum or in accordance with the requirements of the situation.

Accordingly, it may be decided that it will be paid in the form of annuities.

It is not permissible to order the payment of moral damages in the form of periodic installments.

The monetary compensation or alimony decided to be paid in installments, if re-paid by the creditor..

It automatically ceases upon marriage or the death of one of the parties; the creditor's marriage

living as if they were actually married without being married, eliminating their poverty or dishonored life

If it continues, it will be terminated by court order.

In cases where the financial circumstances of the parties change or equity so requires, the income may be..

It can be decided to increase or decrease it.

The judge may, upon request, order the payment of monetary compensation or alimony in the form of periodic installments

the amount to be paid in the coming years will be decided according to the social and economic circumstances of the parties

can connect.

6. Under what circumstances does alimony payment end?

A. Circumstances that Terminate Automatically (Without the Need for a Court Order)

In the following cases, the obligation to pay alimony legally terminates automatically as of the moment the event occurs, without the need for any court decision:

1. Death of One Party: Alimony automatically terminates upon the death of either the spouse receiving or paying alimony.

2. Remarriage of the Alimony Recipient:The alimony debtor's obligation ends when the alimony recipient officially marries someone else.

B. Circumstances That Can Be Removed by a Court Decision (By Filing a Lawsuit)

1. The recipient's spouse living as if they were actually married or leading a dishonorable life is an example of alimony being received when the recipient is living with someone without a formal marriage or has a lifestyle that is not socially acceptable.

2. Cessation of the Recipient Spouse's Poverty: Examples include the recipient spouse subsequently obtaining a high-paying job, inheriting financial resources, or their financial situation improving to the point where they no longer need alimony.

In both of these situations, the debtor must file a lawsuit in family court to have the alimony payments terminated.

Amount of Alimony and Determination Criteria

-The Economic Situation of the Parties

- The Judge's Discretion

-Living Standards and Needs

Increasing or Decreasing Alimony Amount (Adjusting Alimony)

In such cases, the parties a "Savings for Adjustment (Increase or Decrease) of Alimony" .

• Request for Increase in Alimony: The alimony recipient may request an increase due to the devaluation of money as a result of inflation or an increase in their needs.

• Request for Reduction in Alimony: The alimony payer may request a reduction in alimony by citing reasons such as the deterioration of their business, unemployment, or impending marriage.

The Importance of a Lawyer in Alimony Cases

The lawyer determines a strategy to prove the creditor's innocence or that they are less at fault than the other spouse. They attempt to respond to the opposing party's accusations with evidence. They prevent procedural errors that could lead to loss of rights. They protect the future rights of the alimony creditor. They try to ascertain the debtor's true financial situation