According to Which Criteria Are Alimony and Custody Determined in Divorce?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
During the divorce process, alimony and child custody are among the matters where parties most frequently experience disputes. Lawyer Gizem Gonce emphasized that decisions are rendered not according to automatic rules, but in accordance with legal criteria and the circumstances of the concrete case.
How is the amount of alimony determined?
The criteria vary by type of maintenance. Interim maintenance (tedbir nafakası) may be ordered as a temporary measure while proceedings continue. For post-divorce spousal maintenance (yoksulluk nafakası), statutory criteria include financial need caused by divorce, relative fault and the parties’ finances. Child maintenance (iştirak nafakası) takes account of the child’s needs and both parents’ financial circumstances.
To which parent is custody granted?
The fundamental criterion in the assessment of custody is the best interests of the child. The child's age, needs, care conditions, relationship with the parents, and, where deemed necessary, expert evaluations may be taken into account. Custody is not determined solely according to the request of the mother or father.
Can alimony be increased or abolished subsequently?
In the event of a substantial change in circumstances, an increase, reduction, or removal of alimony may be requested. The outcome depends on the type of alimony and the relevant statutory conditions.
Can a custody decision be modified?
If subsequent changes occur in the child's situation and conditions arise that necessitate the re-regulation of custody, modification may be requested from the court. Not every dispute is sufficient on its own for a change of custody.
Assessment of Lawyer Gizem Gonce
“In alimony and custody disputes, there is no single standard calculation or a single decision criterion applicable to everyone. The best interests of the child, the economic and social conditions of the parties, and the evidence in the case file must be addressed together. Particularly in decisions concerning the child, the safety, development, and needs of the child must be prioritized over parental conflict.”