Amount and Duration of Alimony for Poverty
Determination of the Amount of Alimony
The parties may determine the amount, duration, and form of payment of alimony for poverty, provided that it does not violate public order, morality, and mandatory rules of law, and subject to the approval of the judge in accordance with Article 184/f.5 of the Turkish Civil Code. In this case, although the judge cannot rule on an amount higher than this amount due to the principle of dependency of the claim stipulated in Article 26 of the Code of Civil Procedure, he/she may rule on an amount lower than the amount requested, depending on the circumstances. However, if there is an agreement between the parties not to claim alimony from each other, no alimony decision can be made outside of this agreement.
The amount of alimony to be determined should be reasonable, proportional to the financial capacity of the spouse paying alimony, and should not cause hardship to the debtor. Therefore, the portion of the debtor’s income sufficient to meet their basic needs should remain with the debtor spouse, and alimony should be paid from the remaining portion.
Subsequent Reduction or Increase in the Amount of Alimony
If it is decided that alimony will be paid as income, unforeseen developments may occur after the divorce, the value of the alimony may decrease or increase significantly, and the balance between payments may be disrupted. In cases such as the deterioration of the economic situation of the person liable for alimony, the person entitled to receive alimony finding a job, or similar circumstances, the amount of alimony awarded may be changed.
Duration of Alimony
The duration of alimony from the date it begins is regulated in Article 175/1 of the Turkish Civil Code. Accordingly, in order to protect the spouse who is less at fault in the divorce, the legislator has ruled that the alimony obligation shall continue indefinitely when necessary.
Termination of Alimony Obligation
According to Article 176/f.3 of the Turkish Civil Code, “Alimony awarded in the form of material compensation or income shall automatically terminate upon the remarriage of the recipient or the death of either party; if the creditor continues to live as if married without remarrying, if their poverty ceases, or if they lead a dishonorable life, it shall terminate by court order.” Therefore, it is envisaged that alimony shall automatically terminate as of the date of the event in the event of the remarriage of the alimony creditor or the death of one of the parties.
Competent and Authorized Court in Poverty Alimony Cases
A claim for poverty alimony may be requested from the divorce file involving the parties. When poverty alimony is requested in a divorce case, the competent and authorized court is the court where the divorce case is heard. A plaintiff who wishes to file a separate alimony case after the divorce case has ended must do so within one year from the date the divorce case became final. The competent court is the Family Court. The court of jurisdiction is the place of residence of the person receiving alimony.