What is Alimony?
Alimony is a monetary obligation regulated under the Turkish Civil Code, ordered to be paid to provide for or contribute to a person's livelihood. It constitutes one of the most important aspects of divorce proceedings.
Types of Alimony
1. Interim Alimony: Alimony paid during the divorce proceedings for the livelihood of spouses and common children. It is awarded from the moment the case is filed.
2. Poverty Alimony: Indefinite alimony awarded in favor of the spouse who would fall into poverty due to divorce, in proportion to the other spouse's financial capacity. It can be requested regardless of fault status, but the requesting spouse's fault must not be more severe.
3. Contribution Alimony: Alimony paid by the spouse who does not have custody for the care and education expenses of common children after divorce. It is paid until the child reaches adulthood (age 18); it may be extended if education continues.
How is Alimony Amount Determined?
The court evaluates the following criteria when determining alimony amounts:
• Income and expense status of the parties
• Financial capacity of the debtor
• Needs of the creditor
• Age and educational status of children
• Standard of living maintained during the marriage
• Social and economic standing of the parties
Alimony Increase Rate
Alimony is increased annually at the PPI (Producer Price Index) rate. If the alimony increase was not determined by court ruling, parties can file an alimony increase lawsuit to request adjustment to current conditions.
Termination of Alimony
Poverty alimony may be terminated in the following situations:
• Marriage of the alimony creditor
• Death of either party
• Elimination of the creditor's poverty
• The creditor living as if married without formal marriage
• The creditor leading a dishonorable life
Consequences of Non-Payment
Enforcement proceedings may be initiated against a person who fails to pay alimony. Furthermore, under Article 344 of the Enforcement and Bankruptcy Law, up to 3 months of coercive imprisonment may be imposed on debtors who do not comply with alimony orders.
Conclusion
Alimony is an important legal institution that ensures the economic security of parties and children during and after divorce. Having accurate information about alimony types, calculation methods, and increase rates is critically important. Professional legal consultation ensures the best protection of your rights.