Alimony is a financial obligation that must be paid in the presence of certain conditions between the persons prescribed by law and, as a rule, is continuous. Four basic types of alimony are regulated in the Turkish Civil Code: precautionary alimony, participation alimony, poverty alimony and aid alimony.
1) Precautionary Alimony (TMK article 169)
After a divorce or separation case is filed, it is a temporary alimony ordered by the judge to cover the accommodation, living expenses and child care expenses of one of the spouses during the case. The judge may decide ex officio or upon request.
- It works from the date the lawsuit is filed.
- It ends when the decision becomes final; It may be replaced by poverty alimony.
- Whether or not one of the parties is at fault during the case does not affect the determination of alimony; The aim is to maintain economic balance during the trial.
- Preventive alimony for children is paid to the parent with whom the child resides, even if a custody decision has not been made.
2) Participation Alimony (TMK article 182/2)
The parent who is not given custody is obliged to contribute to the child's care and education expenses according to his financial ability. It starts after the divorce decision is finalized
- It continues until the child reaches adulthood (18 years of age).
- If the child continues education, it can be requested for a reasonable period of time (license expiration age).
- Even if the income of the parent to whom custody is given is high, the other parent's child support obligation does not disappear; only the amount can be reduced.
- The judge evaluates the child's actual needs in proportion to the parent's financial ability.
3) Poverty Alimony (TMK article 175)
It is the alimony paid indefinitely by the other party to the party who will fall into poverty due to divorce, in proportion to his/her financial ability, provided that the fault is not more severe.
Conditions:
The Concept of Poverty (Supreme Court HGK)
According to the established jurisprudence of the General Assembly of the Supreme Court of Appeals, "poverty" is the person's inability to meet the necessary expenses (food, shelter, heating, health, transportation, clothing) to sustain a minimum humane life. There are decisions stating that even someone working for minimum wage may be entitled to alimony depending on the circumstances.
Reasons for Termination (TMK art.176/3)
- Remarriage of the alimony payee
- Death of one of the parties
- The alimony payee living outside of marriage (de facto union)
- The elimination of poverty (including living without dignity)
4) Aid Alimony (TMK article 364)
Ancestors, descendants and siblings who will fall into poverty if they are not helped can request alimony from each other. This alimony has nothing to do with the divorce; It is the legal reflection of domestic solidarity.
- It can be requested from ancestors/descendants and siblings who have financial means.
- The requesting person must be poor and unable to pay alimony.
- The competent court is usually the family court; The competent court is the court of the place of residence of the alimony creditor.
Determining the Amount of Alimony
The judge takes the following into consideration when determining the amount of alimony:
- Income status of the parties (monthly net income, tax returns)
- Standard of living of the parties (the standard before the divorce is usually referenced)
- Child's age and special needs (education expenses, health)
- Local conditions (cost of living in the big city)
- Other financial obligations of the parties (home loan, other dependents)
Increase and Reduction of Alimony (TMK article 176/4)
The amount of alimony awarded may be increased, decreased, or even removed later, depending on changing circumstances. The main situations in which it can be requested:
Situations in which an increase may be requested:
- Inflation and increase in living expenses
- Advancing the child's age (increasing education/health costs)
- Increase in the income of the alimony debtor
Situations where discount/removal may be requested:
- Decrease in the income of the alimony debtor (unemployment, health problem)
- Improvement of the economic situation of the alimony creditor
- Active cohabitation of the alimony payee (for alimony)
- The child reaches adulthood and starts earning money
Collection of Alimony
The alimony creditor may initiate enforcement proceedings for unpaid alimony. Enforcement proceedings can also be carried out in the form of a deduction from the salary to be received for alimony. Deduction from salary is the most effective method of collection for the working debtor.
Crime of Failure to Comply with the Alimony Provision (Law No. 5275, Art. 344)
If the alimony debt is not paid even though it is based on a final court decision, a lawsuit can be filed in the enforcement criminal court upon the complaint of the creditor. Forced imprisonment (up to 3 months) may be imposed; He is released after payment is made. This is a precaution, not a punishment.
Alimony and Abroad
If the alimony debtor is abroad, the creditor may request the Turkish court's decision to be enforced abroad within the framework of the 1956 Convention on the Collection of Alimony Claims in Foreign Countries (New York Convention) and bilateral legal assistance agreements.
Frequently Asked Questions
Is alimony indefinite?
Poverty alimony is indefinite by law; However, if the conditions are eliminated, a removal lawsuit can be filed. Participation alimony ends when the child reaches adulthood; It may be extended if training continues. Precautionary alimony is valid for the duration of the case.
Can a working woman receive alimony?
Being working does not prevent him from receiving alimony. According to the Supreme Court, the decisive factor is whether the child falls into poverty due to divorce. If there is an income below the minimum wage or at a level that cannot sustain the standard of living before the divorce, alimony may be requested.
Does the alimony amount increase every year?
It does not increase automatically. However, a provision for PPI/CPI increase may be included with the decision. If it is not included, it is necessary to file a separate increase lawsuit. Practical suggestion: annual indexation requirement should be added to the initial decision.