The Turkish Civil Code foresees four different types of alimony for different purposes.
1. Precautionary Alimony (TMK article 169)
During the divorce case, the spouse and joint children are determined by the judge ex officio. It starts with the opening of the case and continues until the decision becomes final.
2. Participation Alimony (TMK article 182)
It is the contribution of the spouse who does not have custody after the divorce to the child's care, education and health expenses. It lasts until the child turns 18 or, if education continues, until university completion.
3. Poverty Alimony (TMK article 175)
The party who will fall into poverty due to divorce is paid indefinitely, in proportion to his/her financial capacity, provided that the fault is not more severe. Discussions on amendments submitted to the Turkish Grand National Assembly after 2018 continue.
4. Aid Alimony (TMK article 364)
It can be requested for parents and siblings who will fall into poverty if they do not help. It is independent of divorce.
Calculation Criteria
- Income and financial power of the obliged person
- Beneficiary's need
- Common standard of living
- Child's age and educational needs
Adaptation Case (TMK article 176/4)
If the conditions change (increase/decrease in income, change in needs), a lawsuit may be filed to increase/decrease alimony.
Supreme Court 3rd HD Approach
The 3rd HD Court of Appeals consistently emphasizes that poverty alimony will be evaluated based on the concrete living expenses (rent, food, transportation, health) of the concept of "poverty" and that income below the minimum wage can be considered as a presumption of poverty.
Court in Charge
Family Court, place of residence of the plaintiff or defendant.
For alimony cases, family law lawyer support is recommended.