Alimony is derived from the word infak, which means sustenance, support, maintenance, expenditure, or spending. Alimony refers to the obligation of a husband and wife in need to support each other, of descendants to support their ancestors, of ancestors to support their descendants, and of siblings to support each other. Poverty alimony is alimony requested by a spouse who will fall into poverty due to divorce, provided that the other spouse is less at fault.
According to the Civil Code, there are four types of alimony: precautionary, contribution, assistance, and poverty alimony.
Precautionary Alimony: This type of alimony is awarded by the judge upon the filing of the divorce case and, if deemed necessary, may continue until the final outcome of the case. It is intended to ensure that the living standards of the parties do not deteriorate during the divorce process.
Contribution Alimony: This type of alimony is awarded by the judge against the spouse who is not granted custody as a result of the divorce proceedings, in favor of the minor child, without any request being made.
Poverty Alimony: This is alimony awarded against one spouse in favor of the other spouse who will fall into poverty as a result of the marriage ending with a divorce decree.
Support Alimony: Support alimony has no connection to divorce proceedings or marriage. It is a type of alimony paid by a person to their descendants, ascendants, and siblings who would fall into poverty if they did not receive support.
Poverty alimony: Poverty alimony may be requested when filing for divorce, or after the divorce case has been finalized, provided that it has not been requested previously.
Conditions for Receiving Poverty Alimony
Requirement to request: The judge cannot decide on poverty alimony ex officio. The recipient of alimony must request it. The party who did not request alimony for poverty when filing for divorce may request it later in the proceedings. After the divorce case is finalized, they may file a separate lawsuit to request alimony for poverty. The lawsuit must be filed within one year after the court decision ending the marriage by divorce becomes final.
The requesting spouse must be impoverished due to the divorce: The spouse who will be impoverished due to the divorce may request alimony, provided that they are not more at fault than the other spouse. (TMK m.175/1)
The spouse requesting alimony for poverty must not be seriously at fault: The spouse requesting alimony for poverty must be less at fault than the spouse liable for alimony in the events leading to the divorce. Even if both spouses are equally at fault, the judge may still order alimony for poverty.
