Amount And Duration Of Alimony For Poverty
Determination of Alimony Amount
The parties may agree on the amount, duration, and method of payment of alimony for poverty, provided that it does not violate public order, morality, and mandatory rules of law, and subject to approval by the judge in accordance with Article 184/f.5 of the Turkish Civil Code. In this case, although the judge cannot rule for an amount greater than this amount due to the principle of adherence to the claim as envisaged in Article 26 of the Code of Civil Procedure, it is possible to rule for an amount lower than the claim depending on the circumstances. However, if there is an agreement between the parties not to claim alimony from each other, no decision on alimony can be made outside of this agreement.
The amount of alimony to be determined must be proportional to the financial capacity of the spouse who will pay it and must be a reasonable amount that does not cause hardship to the debtor. Therefore, the portion of the debtor’s income that can cover their own essential needs must remain with the debtor spouse, and alimony must be paid from any remaining portion.
Subsequent Reduction or Increase in the Amount of Alimony
If it is decided that alimony will be paid as income, unforeseen developments may occur after the divorce, the value of alimony may decrease or increase significantly, and the balance between the payments may be disrupted. Changes may be made to the amount of alimony awarded if the economic situation of the person liable for alimony deteriorates, or if the person entitled to alimony finds employment, or in similar circumstances.
Duration of Alimony
The duration of alimony after it begins is regulated in Article 175/1 of the Turkish Civil Code. Accordingly, in order to protect the spouse who is less at fault in the divorce, the legislator has ruled that the alimony obligation shall continue indefinitely when necessary.
Termination of the Alimony Obligation
According to Article 176/f.3 of the Turkish Civil Code, “material compensation or alimony decided to be paid in the form of income shall automatically cease upon the remarriage of the creditor or the death of one of the parties; it shall be terminated by court order if the creditor lives as if married without actually marrying, if their poverty ceases, or if they lead a life of dishonor.” Therefore, it is stipulated that alimony shall automatically cease from the date of the event if the alimony creditor remarries or one of the parties dies.
Competent and Authorized Court in Poverty Alimony Claims
A poverty alimony claim may be requested from the divorce file in which the parties are involved. When poverty alimony is requested in a divorce case, the competent and authorized court is the court where the divorce case is pending. A plaintiff who wishes to file a separate lawsuit for alimony after the divorce case has ended must do so within one year from the date the divorce case becomes final. The competent court is the Family Court. The court with jurisdiction based on location is the place of residence of the alimony recipient.
