What is Alimony?

What is Alimony? | Izmir Divorce Lawyer

What is Alimony?

Alimony is a type of maintenance payment that a spouse, who will fall into poverty due to a marriage ending in divorce and is less at fault than the other spouse, requests from the other spouse through the court. In other words, in this type of maintenance, spouses request maintenance for themselves.

Turkish Civil Code Article 175 regulates certain characteristics regarding alimony payments:
(1) The party who will fall into poverty due to divorce may request alimony from the other party indefinitely, in proportion to the other party's financial capacity, provided that their fault is not more severe.
(2) The fault of the person obligated to pay alimony is not sought.

What are the conditions for receiving alimony?

1. A divorce decree must have been issued, and it must be a final and binding decision.
The text refers to the finalization of a divorce decree through a process called "finality annotation." The divorce decree should not be at the appeal/cassation stage.

2. The spouse requesting alimony must be at risk of falling into poverty.
For example, if both spouses are employed and have a profession, they will not be able to claim alimony from each other during a divorce. This is because it is clear that they will not fall into poverty as a result of the divorce.

3. The spouse who will fall into poverty should apply for alimony.
For example, consider a mother who quit her job to raise her children and a father who works and supports the family. In this case, the mother is likely to fall into poverty as a result of the divorce. She must apply for alimony to receive it. The judge cannot decide on alimony on their own initiative by examining the circumstances.

4. The fault of the spouse requesting alimony should not exceed the fault of the spouse from whom alimony is requested.
For example, if the reason for divorce is violence, the perpetrator will not be able to claim alimony.

5. The amount of alimony to be awarded should be determined in proportion to the financial capacity of the spouse obligated to pay alimony.
Requesting monthly alimony of 1,500.00 TL from a spouse earning 4,000.00 TL per month is disproportionate to the spouse's financial situation.

Whether the conditions listed above are met is assessed based on the date the divorce decree becomes final.

How to Claim Alimony/Poverty Support?

Alimony can be requested in the three ways listed below:

1. In the same lawsuit petition as the request for divorce,
2. During the divorce proceedings, verbally,
3. After the divorce proceedings are finalized, a separate lawsuit can be filed.

How much is alimony?

There is no fixed rate set for the amount of alimony. Similarly, the law does not provide a formula for calculating it. The judge is granted discretionary power in this matter. There is neither a lower nor an upper limit to the amount that can be determined.
Nafaka miktarının belirlenmesi birçok faktöre bağlıdır. Bunlardan en önemlisi de tarafların ekonomik durumlarıdır. Nafaka miktarı, yoksulluk tehlikesiyle karşılaşan eşin bu tehlikeden kurtulmasını sağlayacak miktarda olmalıdır. Yoksulluk kavramına ve bu kavramın kapsamına değinmiştik. Buradan çıkan sonuç ise kişilerin kültür, ulaşım, sağlık ve eğitim gibi ihtiyaçları yani hayat biçimleri de nafaka miktarının belirlenmesinde önemli bir etkendir. Ancak bu miktar belirlenirken nafaka ödeyecek olan tarafın mali gücü de göz önüne alınır. Nitekim nafaka miktarı, nafaka ödeyecek olan tarafın mali gücüyle orantılı olmalıdır.  Örneğin nafaka miktarı, nafaka ödeyen kişinin yoksulluk tehlikesiyle karşılaşmasına sebep olmamalıdır.
Many factors will be considered, expert opinions will be sought, and the amount will be ultimately determined by the judge.

How is alimony/alimony terminated?

Alimony is, as a rule, a permanent form of alimony. However, it can be terminated under certain conditions. Regarding the responsibility for alimony, we can list five grounds for termination:

1) Alimony payments may terminate upon the death of the alimony recipient. 

Alimony paid in installments ceases upon the death of one of the parties. Since alimony is a right strictly tied to the individual, it cannot be claimed by the heirs if the recipient dies. However, the heirs can request payment of the due portion of the alimony.

2) Alimony payments may end upon the recipient's remarriage.

The party remarrying must be the creditor. If the alimony debtor remarries, this does not constitute termination of alimony. If the alimony recipient remarries and then divorces, they no longer have the right to request the reinstatement of alimony payments that were discontinued by their first spouse. They will only have the right to claim alimony from their newly divorced spouse.

3) Alimony ends when the alimony recipient lives as if they were married to someone, even though they are not officially married.

The alimony debtor can file a lawsuit and ask the court to determine the situation.

4) Alimony payments may end when the recipient's poverty ceases.

If their financial situation improves, such as getting a new job or inheriting a substantial fortune, they may no longer need alimony.

5) It may be terminated because the creditor is leading a dishonorable life. 

Living a dishonorable life means living a life that is contrary to moral values. For example, alimony can be terminated in cases such as human trafficking, drug addiction, or alcoholism. This situation must be persistent and constitute a humiliating act for the alimony payer.

The alimony debtor can file a lawsuit and request the court to determine the above-mentioned circumstances. Once these circumstances are determined, the alimony payments will be terminated.

For detailed information and legal advice regarding your requests for alimony payments and termination, please contact us. Contact Go ahead.

Similar articles that may interest you;

İzmir Divorce Attorney

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56