What is Alimony and Who Can Request It?
The divorce process is not only the end of the marriage between the parties, but also the process of re-establishing the economic and social balance. In this process, alimony regulates the financial responsibility between the spouses. According to the Turkish Civil Code, alimony is a financial contribution paid for the economic protection of one of the parties during or after the divorce case.
Temporary Alimony in Divorce Case
What is Temporary Alimony?
While the divorce case is ongoing, the judge may order temporary "precautionary alimony" to prevent the parties from suffering financially. This alimony lasts until the case is concluded and is usually given to the party who filed the case or the party who is economically weaker.
When to Request?
Temporary alimony can be requested in the petition or during the hearing. The judge decides on this alimony according to the nature of the case, the income status and social conditions of the parties. Attorney support is of great importance in terms of effective presentation of evidence at this stage.
Alimony and its conditions
In What Situations Is It Given?
Alimony allows a spouse who is economically weak after a divorce to receive financial support from the other spouse. Only the party who will become poor as a result of the divorce can apply for this type of alimony. However, this party must not be at serious fault in the divorce.
How Long Does It Last?
Although the law does not provide for a specific period, in practice, alimony is usually indefinite. However, if the recipient remarries, dies, or his or her economic situation improves significantly, alimony can be terminated by court order.
Child Support and Child Protection
For the Care and Education of the Child
Child support is awarded to cover the expenses of the child's care, education and health after custody is given to the other spouse after divorce. This alimony is determined in line with the needs of the child and continues until the child reaches adulthood.
Parents' Obligations
The parent who is not granted custody is obliged to pay child support. This support is deemed necessary to maintain the child's standard of living.
How is the Alimony Amount Determined?
Income Level and Living Conditions
When determining the amount of alimony, the judge takes into account the income level, living standards, current expenses and other social situations of the parties. If one of the parties is found to be living in luxury or earning secret income, this will affect the amount of alimony.
Judge's Discretionary Power
The court makes a fair decision using its discretion in light of the evidence presented by the parties, witness statements and financial records. In particular, asset declarations and SSI records are important bases.
Alimony Increase and Decrease Cases
In Case of Economic Changes
In the event of a significant increase or decrease in the income of one of the parties, the amount of alimony may be adjusted. A lawsuit for an increase or decrease in alimony may be filed and a decision may be requested from the court.
What Documents Should Be Submitted?
Parties are responsible for documenting changes in their financial situations. Documents such as pay slips, tax returns, rental income, and bank records play a critical role in these cases.
What to Do in Case of Non-Payment of Alimony
Execution Proceedings
If the alimony debt is not paid, the creditor may initiate enforcement proceedings. Failure to pay the alimony determined by a court decision allows collection by opening an enforcement file.
Risk of Prison Sentence
If requested, the court may impose a prison sentence on the debtor who does not pay the alimony debt. This penalty is applicable until the debtor makes payment.
Alimony and Mutual Agreeable Divorce Protocols
In Case of Agreement of the Parties
In consensual divorces, the amount of alimony and the method of payment are determined in the protocol signed between the parties. If this protocol is deemed appropriate by the court, it becomes a decision and is binding.
Matters to be Written in the Protocol
The protocol should clearly state the amount of alimony, the payment time, its duration and the conditions under which it will end. In terms of legal validity, clear and unambiguous expressions should be used.
Duration and Termination of Alimony
Marriage, Income Increase, and Mortality
If the party receiving alimony remarries, gains financial independence or dies, alimony automatically ends. In such cases, the other party does not need to apply to the court for a decision.
Removal by Court Order
If the income of the alimony payer decreases significantly or if the income of the alimony recipient improves, the court may request that the alimony be removed or reduced.
Alimony Rights of Foreigners in Türkiye
Application in Mixed Marriages
Foreign nationals who are married in Türkiye and going through a divorce process can also benefit from alimony rights. However, the issue of which country's law will be applied creates a mixed area that can lead to disputes. In such cases, the Turkish legal system takes into account the place of residence and citizenship of the parties.
International Alimony Claims
Since Türkiye is a party to many international agreements, it is possible to recognize court decisions in foreign countries and collect alimony receivables in Türkiye. It is very important for an expert lawyer to manage the process in this regard.
The Role of the Lawyer in Alimony Cases
Gathering Evidence
One of the most critical elements in alimony cases is the collection of documents proving the income and expenses of the parties. The lawyer meticulously manages the process to ensure that the correct evidence is submitted on time.
Prevention of Procedure and Loss of Rights
Violation of procedural rules may lead to the rejection of the case or loss of rights. Therefore, legal support ensures that the process progresses in accordance with legal procedures.
Alimony and Divorce Lawyer Support in Antalya
Billur Güler Aslım's Expertise
Lawyer and Mediator Billur Güler Aslım, who operates in Antalya, offers a professional approach that prioritizes women's rights and considers the best interests of children in divorce and alimony cases. She provides strong legal and humanitarian support to her clients in both consensual divorces and contested cases.
Approach to Women and Children's Rights
Billur Güler Aslım has strong legal reflexes, especially for the protection of women and children who are economically disadvantaged. She provides strategic consultancy for the sustainable collection of alimony rights.
Frequently Asked Questions
Is a lawyer mandatory in alimony cases?
→ It is not mandatory but it is definitely recommended to prevent loss of rights.
When does alimony start?
→ When a divorce case is filed, it can be initiated together with the temporary alimony decision.
Is alimony given indefinitely?
→ Alimony is usually indefinite, but it can end under certain conditions.
How is the alimony amount calculated?
→ Income level, expenses, number of children and social life are taken into consideration.
What happens if alimony is not paid?
→ Enforcement proceedings are initiated and, if necessary, imprisonment may be imposed.
Does alimony end when the marriage ends?
→ Provisional alimony ends, poverty and child support continue with a court decision.