CAN ALIMONY BE ENFORCED BEFORE FINALIZATION?
At the end of an independent alimony case, the judgment of the local court can be enforced before it is finalized. However, the poverty and subsidiary alimony requested within the divorce case cannot be enforced before the divorce decision is finalized.
As you will see, there is a distinction to be noted. While enforcement before finalization is possible in independent alimony cases, enforcement before finalization is not possible in alimony requests seen together with the divorce.
Pursuant to Article 443/4 of the Code of Civil Procedure (Article 367/2 of the Code of Civil Procedure), which should be applied pursuant to the Provisional Article 3 of the CCP, although the judgments related to family and personal law cannot be subject to enforcement until they are finalized, the judgments related to alimony do not need to be finalized in order to be enforced. In addition, the appeal of a judgment on alimony will not stop the execution of the judgment, and the Court of Cassation cannot decide to stop the execution of an alimony judgment (even in return for collateral) (Art. 36, IV of the Enforcement and Bankruptcy Code). (B.Kuru.Execution and Bankruptcy Law Handbook January 2006, Istanbul, p.791) The acceptance of the contrary situation would be incompatible with the type of alimony and the reason for its issuance.”
“Pursuant to Article 367/1 of the CCP; although the finalization of the judgment is not required in terms of injunctive alimony, the finalization of the divorce judgment is mandatory in order to request poverty and alimony for participation. Since it is understood that the divorce was registered in the population record attached to the proceeding in accordance with the finalization decree of Kayseri 2nd Family Court numbered 2008/1234 E. 2011/913 K. dated 29.12.2011, in the face of this situation, the divorce decree should be accepted as finalized and the request should be rejected, but it is inappropriate to establish a judgment to cancel the proceeding with written justification.”
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