Alimony is derived from the word infak, which means livelihood, support, maintenance, expenditure, or spending. Alimony refers to the obligation of spouses in need to support each other, descendants to support their ancestors, descendants of descendants to support their ancestors, and siblings to support each other. Poverty alimony is the type of alimony requested by a spouse who will fall into poverty due to divorce, provided that the other spouse is less at fault.
According to the Civil Code, there are four types of alimony:
precautionary, contribution, assistance, and poverty alimony.
Precautionary Alimony: This type of alimony is awarded by the judge upon the filing of a divorce case and may continue until the final outcome of the case, if deemed necessary. It aims to prevent the deterioration of the parties’ living standards during the divorce process.
Contribution Alimony: This type of alimony is awarded by the judge in favor of minor children, without the need for any request, against the spouse who is not granted custody as a result of the divorce case.
Poverty Alimony: This is alimony awarded to one spouse in favor of the other spouse who will fall into poverty as a result of the termination of the marriage by the divorce decision.
Alimony: Alimony has no connection to divorce proceedings or marriage. Alimony is a type of support paid by a person to their descendants, ascendants, and siblings who would fall into poverty if they did not receive alimony.
Poverty Alimony: Poverty alimony can be requested when a divorce case is filed or, if not requested earlier, after the divorce case is finalized.
Conditions for Receiving Poverty Alimony
Requirement for claiming: The judge cannot decide on alimony ex officio. The party receiving alimony must claim it. The party who does not claim alimony when filing for divorce may claim alimony at a later stage of the proceedings. After the divorce case has been finalized, a separate lawsuit may be filed to claim alimony. The lawsuit must be filed within one year of the court decision ending the marriage through divorce becoming final.
The requesting spouse must have become impoverished due to the divorce: The spouse who will become impoverished due to the divorce may request alimony, provided that they are not more at fault than the other spouse. (TMK m.175/1)
The spouse requesting poverty alimony must not be seriously at fault: The spouse requesting poverty alimony must be less at fault than the spouse obligated to pay alimony in the events leading to the divorce. Even if both spouses are equally at fault, the judge may still order poverty alimony.