Purpose of alimony (or spousal support / child support) is to provide financial assistance to a spouse who may be unable to support themselves after the dissolution of a marriage. In Turkish law, alimony is regulated under the Turkish Civil Code (TCC), and courts are tasked with determining when it should be awarded and how much should be paid. In this article, we will explore the types of alimony in Turkiye, the factors that courts consider when calculating spousal support, and how the system functions overall. We will also explain how to collect the alimony if the responsible spouse does not pay it (or fully pay it) after court decision.
1. Types of Alimony in Turkiye
In Turkiye, there are several types of alimony that may be awarded depending on the circumstances of the divorce:
Temporary Alimony: This type of alimony is awarded during the divorce proceedings and provides immediate financial support to the spouse in need. Temporary alimony ensures that the dependent spouse can maintain their livelihood while the divorce process is ongoing. It lasts until the court issues a final divorce decree.
Poverty Alimony (Spousal support): Poverty alimony is awarded after the divorce has been finalized. It is designed to support a spouse who has been financially disadvantaged by the divorce and cannot meet their basic needs. The spouse seeking poverty alimony must prove that they will fall into poverty without financial assistance from the other spouse.
Contribution Alimony (Child support): This type of alimony is specifically for the care and support of children after the divorce. Contribution alimony is paid by the non-custodial parent to the custodial parent to cover the expenses related to raising the children, such as education, health, and daily living costs.
2. Factors Influencing Alimony Calculations
The amount and duration of alimony are not fixed but are determined on a case-by-case basis.
Several key factors influence how alimony is calculated in Turkiye, including:
Financial Situation of Both Spouses: Courts assess the financial standing of both parties. If the spouse requesting alimony has a steady income or sufficient assets to support themselves, the amount of alimony may be reduced. Conversely, if the paying spouse has a high income and significant wealth, the alimony award could be more substantial.
Age and Health of the Dependent Spouse: If the dependent spouse is older or has health issues that prevent them from re-entering the workforce, courts are more likely to award long-term or higher alimony payments to ensure they can maintain their standard of living.
Standard of Living During the Marriage: Courts consider the standard of living the couple enjoyed during the marriage. Alimony is meant to help the dependent spouse maintain a similar lifestyle to what they had during the marriage, although this may not always be possible depending on the financial situation of both parties.
3. The Process of Requesting Alimony
When a divorce case is filed, either spouse can request alimony. Here’s a general overview of how the alimony request process works:
Filing for Alimony: During the divorce proceedings, the spouse seeking alimony must submit a formal request to the family court. This request should include detailed information about their financial situation, including income, assets, and monthly expenses, as well as reasons for requiring spousal support.
Evidence and Documentation: The requesting spouse must provide evidence to support their claim for alimony. This might include bank statements, pay stubs, tax returns, and documentation of any outstanding debts. The other spouse will also be required to submit similar financial documentation to help the court make an informed decision.
Court Hearing: During the hearing, both spouses will have the opportunity to present their case. The court will evaluate the financial situations of both parties, as well as any relevant factors such as the length of the marriage, health issues, and standard of living.
Court Decision: After reviewing all the evidence, the court will decide whether to award alimony and, if so, how much and for how long. Temporary alimony may be awarded during the divorce process, with a final decision on long-term spousal support made in the divorce decree.
4. Modification and Termination of Alimony
Alimony is not always permanent. Under certain conditions, it can be modified or even terminated:
Change in Circumstances: If the financial situation of either spouse changes significantly, they can request a modification of the alimony award. For example, if the spouse receiving alimony finds a well-paying job or the spouse paying alimony suffers a loss of income, either party can file for an adjustment in the alimony amount.
Remarriage: If the spouse receiving alimony remarries, the paying spouse can request that the alimony payments be terminated. The reasoning is that the dependent spouse should no longer require financial support from their former spouse if they are receiving support from a new partner. But for sure, this explanation covers spousal support. Child support responsibility still continues even after the remarriage.
End of Need: If the spouse receiving alimony becomes financially independent, the paying spouse can apply to the court for termination of the alimony. This usually requires proof that the dependent spouse’s financial situation has improved to the point where support is no longer necessary.
5. Common Misconceptions About Alimony in Turkiye
There are several misconceptions about alimony in Turkiye, and it’s important to clarify some key points:
Alimony is Not Guaranteed: While alimony is often awarded, it is not guaranteed in every case. Courts carefully consider the financial situations of both spouses and the circumstances of the divorce before making a decision. A spouse who is financially self-sufficient is unlikely to receive alimony.
Both Men and Women Can Receive Alimony: Alimony is gender-neutral under Turkish law, meaning that either spouse can request and receive spousal support. While it is more common for women to receive alimony due to traditional gender roles, men can also be awarded alimony if they are the financially disadvantaged spouse.
6. Is it Possible to File for Alimony Without Filing for Divorce?
Alimony can be claimed if the spouses live separately, even if no divorce case is filed. Article 197 of the TCC stipulates that if one of the spouses refrains from living together without a justifiable reason, the other may request alimony. This alimony is paid to meet the needs of the spouse and children.
TCC Article 197/2-3:
If the interruption of cohabitation is based on a justified reason, the judge, upon the request of one of the spouses, takes measures regarding the financial contribution to be made by one spouse to the other, the use of housing and household goods and the management of the property of the spouses.
One of the spouses may also make the above-mentioned requests upon the other spouse’s refusal to live together without a justified reason or if the common life becomes impossible for any other reason.
7. Can the Children Request Alimony for Themselves After They Become 18 Years Old?
Young people who turn 18 are no longer covered by child support. However, according to the TCC, family members have an obligation to provide financial support to family members in need. In this context, young people who have turned 18 can request child support from their parents.
TCC Article 364/1:
Everyone is obliged to provide alimony to his/her superior, descendants and siblings who would fall into poverty if he/she did not help them.
8. Enforcement of Alimony Orders
Once a court issues an alimony order, the paying spouse is legally obligated to comply. If the spouse fails to make the required payments, the receiving spouse can take legal action to enforce the order. There are several ways alimony can be enforced:
Seizing Assets: The spouse who does not receive the alimony payment or receives incomplete payments may initiate enforcement proceedings against the debtor spouse. In this context, the debtor’s movable and immovable assets may be seized, his/her house may be seized, company shares may be seized, and bank accounts may be seized. For the details of enforcement proceedings, please see the articles in the enforcement proceedings category on our website.
Legal Penalties: Failure to comply with an alimony order can result in legal penalties, including fines or, in extreme cases, imprisonment for contempt of court.
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