TO THE FAMILY COURT

REQUEST FOR INTERIM ALIMONY

PLAINTIFF: MY (Turkish Republic Identity Number: …)
Address: … / …

ATTORNEY: Attorney YY
Address: … / …

DEFENDANT: DY (TR ID Number: …)
Address: … / …

SUBJECT:
Due to the defendant's severely misconduct within the marriage, which has made the marital life unbearable for the plaintiff and led to the commencement of de facto separation, we request that, pursuant to Articles 169 and 197 of the Turkish Civil Code, a provisional alimony payment of … TL per month be awarded to the plaintiff spouse, effective from the date of the lawsuit; thatthe alimony amount be automatically increased annually according to the CPI/PPI rate; and that the court costs and attorney's fees be borne by the defendant.

EXPLANATIONS:

1. The plaintiff, MY, and the defendant, DY, were married on …/…/20… and their marriage is still officially ongoing. They have two children from this marriage: … born on …/…/20… and … born on …/…/20…. While the parties initially had a mutual love, respect, and support, and a desire to maintain their family unit together, the defendant's attitudes and behaviors have fundamentally undermined the marital union over time.
2. The defendant spouse failed to act in accordance with the requirements of the marital union; not participating in the economic obligations of the family, showing indifference towards the plaintiff, ignoring the plaintiff's social and psychological needs, and neglecting their duty of care and attention towards the children, made it impossible for the plaintiff and the children to live in a peaceful family environment.
3. Particularly in the last two years, the defendant has frequently left the shared residence, to household expenses, rent and bills, and the children's education and health costs , and instead largely left these responsibilities to the plaintiff. The plaintiff is a housewife/low-income worker who struggles greatly to support herself and her children alone, sometimes even finding it difficult to meet basic needs.
4. The defendant is employed in a regular job and earns approximately ... TL net monthly income from a company named ... operating in the ... sector. Despite this, the defendant their obligation to contribute to the family's expenses (Turkish Civil Code Article 186/last paragraph) , allocating a large portion of their income to their personal expenses and neglecting to meet the essential needs of the plaintiff and their children.
5. Due to the defendant's behavior, the plaintiff and their children are no longer able to cover essential expenses such as rent, electricity, water, natural gas, food, transportation, education, and healthcare; their basic living standards have fallen below par. The plaintiff can only survive with the financial support of her family and close circle, a situation that both damages the plaintiff's dignity and creates psychological pressure and anxiety for the children.
6. The defendant's failure to fulfill his family responsibilities, his indifferent and at times demeaning attitude towards his wife and children, led to frequent arguments between the parties; ultimately, on …/…/20… the defendant completely left the shared residence and never returned. Since that date, the defendant has not only failed to provide the plaintiff with a single penny of financial support, but has also not even answered phone calls, negatively impacting the children's psychological well-being.
7. The parties have been separated for approximately … months, and the plaintiff is exercising her right to separate for a justifiable reason, Article 197 of the Turkish Civil Code . A spouse who is separated for a justifiable reason within the marriage has the right to request that the other spouse take appropriate measures for themselves and their children . In this context, requesting interim alimony in favor of the plaintiff and for the benefit of the children has become a legal obligation.
8. The plaintiff, MY, is … years old and has an education level of … . Currently, the plaintiff works at … and is a housewife, living on a limited income; she does not have a regular and high income. The plaintiff's average monthly income is approximately … TL. This income rent, bills, food, transportation, school expenses for shared children, clothing, and health expenses , forcing the plaintiff to take on debt and ask for help from her close circle.
9. The plaintiff resides as a tenant at the address … and pays a monthly rent of … TL. In addition, utility bills such as electricity, water, natural gas, internet, and maintenance fees amount to approximately … TL per month; food and kitchen expenses reach … TL. The monthly expenses for the children's school, stationery, transportation/service, courses, and similar educational expenses, as well as clothing and health expenses, are approximately … TL.
10. The plaintiff occasionally credit card debt and consumer loans ; when she is unable to pay her debts, she faces the risk of facing enforcement proceedings and similar sanctions. Therefore, in order to protect the minimum standard of living for the plaintiff and her children, it is necessary to obtain interim alimony from the defendant.
11. The defendant, DY, is … years old, works for … company/… workplace in … province with the title of … and receives a net monthly salary of approximately … TL. In addition, the defendant has undeclared additional income. The defendant owns a … brand … model vehicle registered in their name, has regular cash inflows and outflows in their bank accounts, and occasionally has domestic/international travel expenses.
12. The defendant maintains a very high standard of living , making luxurious personal expenditures, but fails to fulfill his financial obligations towards the plaintiff and the children. Therefore, it is clear that the defendant has an income level that allows him to easily afford a reasonable and equitable interim alimony payment, without the need for an amount exceeding his means to pay
13. According to Article 186 of the Turkish Civil Code, spouses are obligated to contribute to the expenses of the marital union in proportion to their means, through their labor and assets. The defendant has long failed to fulfill this obligation, leaving the plaintiff and children completely without financial support. According to Supreme Court precedents, the spouse's culpable conduct is a crucial criterion considered when determining interim alimony , and the defendant's neglect of their obligations towards their spouse and children necessitates that the alimony amount not be reduced in their favor.
14. Interim alimonyis a type of temporary maintenance payment where one spouse regularly pays a certain amount of money, appropriate to the other spouse's income, to cover essential needs such as housing, food, healthcare, and education for the children, whether the marriage is ongoing or a divorce case has been filed.
15. According to Article 169 of the Turkish Civil Code, when a divorce or separation case is filed, the judge is obligated to take necessary temporary measures ex officio during the course of the proceedings, particularly regarding the spouses' housing, livelihood, and the care and protection of the children. The alimony awarded under this article is called "interim alimony."
16. According to Article 197 of the Turkish Civil Code, "One of the spouses has the right to live separately as long as their personality, economic security, or the peace of the family is seriously endangered due to the common life. If there are reasons justifying the separation of the spouses, the judge shall take measures regarding the spouses' housing, livelihood, property, and the care and protection of the children." As clearly seen from the provision, when the plaintiff is justified in wanting to live separately, the judge is obliged to order interim alimony in favor of the plaintiff.
17. In this specific case, the plaintiff was forced to leave the shared residence due to the defendant's culpable behavior making cohabitation unbearable, resulting in significant financial hardship. The plaintiff is exercising her right to separate living based on legal provisions. Therefore, it is both a matter of law and equity that your court award the plaintiff an appropriate amount of interim alimony for the benefit of the children.
18. When determining interim alimony, the social and economic circumstances of the parties, their living standards, the age and educational status of the children, their special needs, current economic conditions, inflation rates in our country, and the decrease in purchasing power must be taken into account. Considering that the plaintiff's income is extremely insufficient and the defendant has a regular and high income, to award alimony at a minimum level that will allow the plaintiff and children to live a decent life .
19. Interim alimony can be requested as an independent measure even if a divorce case has not been filed, while the marriage is still ongoing. With this petition, the plaintiff is only requesting interim alimony, and a divorce claim has not been made at this stage. However, if a divorce case is filed later, the criteria used for determining interim alimony will guide the judge in determining spousal support and child support.
20. After a detailed assessment of the total monthly expenses for the plaintiff and children's housing, food, clothing, health, education, transportation, and social needs, and taking into account the defendant's income, it is requested that a provisional alimony payment of at least … TL per month be awarded to the plaintiff (and for the benefit of the children) from the date of the lawsuit.
21. Alimony is not merely a monetary payment, but also a necessary minimum income support to ensure that the plaintiff and the children can live a life befitting human dignity. Therefore, when determining the amount of alimony, not only current economic conditions but also potential future price increases and income losses should be taken into account.
22. The plaintiff's total monthly expenses for rent, utility bills, food, clothing, healthcare, and transportation amount to approximately … TL; while the expenses for the children's education, stationery, courses, transportation, allowance, clothing, healthcare, etc., are approximately … TL per month. Therefore, the total minimum monthly expense for the plaintiff and the children is approximately … TL.
23. The defendant's net monthly income is ... TL, and his actual income level, including undeclared/additional income, is higher than this amount. It is clear that, in addition to a reasonable amount for his own living expenses, the defendant has the capacity to comfortably pay ... TL or more in interim alimony to the plaintiff and the children
24. Furthermore, considering the economic conditions in our country, constantly rising rents, food costs, and education expenses, the amount of alimony accordance with precedents in alimony decisions and the established jurisprudence of the Supreme Court . We believe that if your court deems a higher alimony amount possible in light of the evidence gathered during the trial, this would also be fair.
25. Therefore, we request that the interim alimony be paid by the defendant to the plaintiff in advance each month, effective from the date of the lawsuit, and that the alimony amount be automatically increased annually in line with the CPI/PPI rate. This aims to prevent the actual loss of value of the alimony due to inflation in the coming years.
26. Interim alimony is not merely a payment regulating the private law relationship between the parties. It is also a public order institution aimed at protecting family unity and safeguarding vulnerable spouses and children in accordance with the principles of the social state. Therefore, when determining alimony, not only the requested amount but also the general economic conditions and social realities of society should be taken into account.
27. The plaintiff contributed most of her time to the marriage through domestic labor, undertaking numerous tasks such as childcare, household management, cooking, and cleaning; consequently, she remained absent from the workforce. This significantly reduced her ability to generate her own income and participate in the job market. Indeed, the Supreme Court's practice also acknowledges that the contribution of a stay-at-home spouse to the marital union cannot be disregarded
28. The fact that the defendant has stronger economic resources, while the plaintiff contributed domestic labor throughout the marriage and is currently in a weaker economic situation, are important criteria for awarding interim alimony. Your court should consider these factors and determine a fair and deterrent alimony amount in favor of the plaintiff
29. Furthermore, in accordance with the principle of the best interests of the children, any economic deficiencies that negatively affect the physical, mental, spiritual, and social development of the children should be addressed; children should be raised in a safe and stable environment, unaffected by conflicts between their parents. Interim alimony, in this respect as well, that protects the best interests of the children .

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LEGAL EVIDENCE:

We rely on the following evidence to support our request for interim alimony:

• Population registration certificate: Population registration certificates regarding the marriage of the parties and the existence of children together.
• Social and economic status investigation: A social and economic status investigation report to be prepared by law enforcement regarding the parties,
• Social Security records and service records: Insured employment records, payrolls, and service records belonging to the defendant.
• Bank statements: Transaction records for bank accounts registered in the defendant's name (we request that your court send letters to the relevant banks if necessary).
• Property and vehicle records: Requests should be sent to relevant institutions to determine movable and immovable properties registered in the defendant's name, including land registry records and vehicle registration records.
• Lease agreement: The lease agreement relating to the residence of the plaintiff,
• Invoices and expense documents: Electricity, water, natural gas, internet, and maintenance fee bills; contracts and receipts for children's school and transportation fees; documents related to food, clothing, and health expenses.
• Witness statements: Witnesses (names to be provided) who are aware of the parties' social and economic circumstances, the defendant's behavior within the family, his abandonment of the shared residence, and his failure to contribute to the livelihood of the plaintiff and the children.
• All types of legal evidence: Any written evidence in favor of the parties, expert examination, on-site inspection, and sworn testimony if necessary.

We request that your court issue the necessary warrants for the collection of evidence, obtain institutional records, and conduct social and economic background checks on the parties involved.

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 LEGAL GROUNDS:

All relevant legislation, primarily the Turkish Civil Code, contains clear provisions regarding interim alimony. The main legal grounds we rely on in this case are as follows:

• Articles 169, 185, 186, 197 and other related provisions of the Turkish Civil Code No. 4721,
• Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts,
• Law No. 6100 on Civil Procedure,
• Law No. 4722,
• Supreme Court precedents,
• Other relevant legislation.

Specifically, Articles 169 and 197 of the Turkish Civil Code obligate the judge to take temporary measures ex officio to meet the housing, sustenance, and care needs of the spouse and children, including awarding interim alimony.

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CONCLUSION AND REQUEST:

For the reasons stated and explained above, and other reasons that your court will consider ex officio;

1. The plaintiff seeks a determination that she is justified in living separately due to the defendant's culpable conduct,
2. In accordance with Articles 169 and 197 of the Turkish Civil Code, it is ordered that the defendant DY be ordered to pay monthly interim alimony of … TL, effective from the date of the lawsuit, in advance each month, to the plaintiff MY and for the benefit of the joint children.
3. The amount of alimony to be awarded shall be determined in such a way that it automatically increases each year in line with the Producer Price Index (PPI)/Consumer Price Index (CPI) rate.
4. In the event of default on alimony payments, legal interest shall be awarded for each installment overdue
5. The court costs and attorney's fees shall be borne by the defendant.

We respectfully request and demand that a decision be made, as the plaintiff's attorney.

History : 17 / 11 / 2025

Plaintiff
MY

Attorney
YY
(Signature)