What is alimony and what are its types?

What is alimony and what are its types?

The subject of alimony is one of the most debated topics in divorce cases and one of the most difficult to reach an agreement on. While a divorce case is ongoing, the parties may request alimony (temporary maintenance) from each other. After the divorce process is completed, this type of alimony continues under the name of poverty alimony. The type of alimony requested for children is called child support.

How is the alimony amount determined?

The amount of alimony is determined by the judge after the social and economic status of the parties is researched in detail by law enforcement and the judge. In the social and economic status investigation, the parties' occupations, ages, education levels, monthly incomes, salaries (if any), whether the place they reside is their own, whether they have monthly debts to pay, whether they have dependents, real estate and movable asset records (whether they own a house, land, or vehicle), and deposits in bank accounts are questioned. To ensure that the social and economic standards of both parties do not drop during the marriage, the judge may award alimony suitable for the current situation. When awarding alimony, care is taken to ensure that one party does not get unjustly enriched and the other party does not become impoverished.

What should the party who cannot receive their alimony do? When does the crime of non-payment of alimony occur? Does a person who does not pay alimony receive a prison sentence?

The party who cannot receive their alimony can initiate enforcement proceedings against the other party. If alimony is not paid despite the initiation of enforcement proceedings, an enforcement criminal case is filed. As a result of the trial, the party who does not pay at least 3 months' worth of alimony is punished with a prison sentence.

Is fault important in alimony?

In divorce cases, the fault status of the parties is not taken into account in the determination of temporary alimony. As can be clearly seen in the decisions of the Court of Cassation, temporary alimony decisions are also issued for the at-fault spouse. However, pursuant to Article 175/f.1 of the Turkish Civil Code; "The party who will fall into poverty due to divorce may request alimony indefinitely from the other party in proportion to their financial strength, provided that their fault is not heavier." This provision states, for example, that in a divorce case due to adultery, the adulterous party does not have the right to request poverty alimony. In a divorce case due to adultery, if the plaintiff spouse falls into poverty, they have the right to request poverty alimony from the defendant party who committed adultery.

Is it possible to reduce or terminate alimony?

It is possible to reduce or terminate alimony. To fulfill these requests, a separate lawsuit must be filed in the family court. After the social and economic status investigations of the parties are conducted and the trial is concluded, a decision can be made to reduce or terminate the awarded alimony.

Which party can request alimony in a divorce case?

Both men and women can request alimony in a divorce case. Whether the requesting party is at fault in the case is not important. Whether or not to grant alimony to the party requesting it is at the discretion of the judge based on the social and economic investigations to be conducted.

Can alimony be requested in uncontested divorce cases?

In uncontested divorce cases, any item that can be requested in contested divorce cases can be requested. The parties can determine the alimony amount they want from each other and the duration for which this alimony will be paid in the settlement protocol.

Who does not pay alimony?

According to the social and economic investigation conducted by the judge, those who are not deemed appropriate to pay alimony do not pay it.

Is alimony also granted to a working spouse?

Yes, parties in the process of divorce are often confused about this issue. Alimony can also be granted to a working spouse. The final decision on this matter rests with the judge.

Can alimony be requested if there is no official marriage?

If there is no official marriage between the parties, it is not possible for them to request alimony from each other. However, if the parties have a child who was not born within the union of marriage, they may request child support for them.

Following the divorce, a draft was brought to the agenda and discussed last year regarding alimony provided to ensure that women and children are not victimized. Accordingly, it was discussed that alimony would be given for 5 years in marriages under 2 years, 7-8 years in marriages under 5 years, and 12 years in marriages between 5 and 10 years. Could you shed some light on this matter?

The issue of time-limited alimony has been on the agenda for many years. However, a new legal regulation has not been made on this matter yet. Especially in short-term marriages, it may be equitable to set a time limit on the alimony to be paid to the other party after the divorce. Unfortunately, some women who receive alimony see these payments as a regular income item for themselves and do not join the workforce or resort to working without insurance. We can say that the number of our clients who are truly victimized by this issue is quite high.

Finally, I recommend that both women and men who are in the divorce process must seek legal assistance from experts in the field. Otherwise, they may unfortunately find themselves facing victimization that lasts for many years.