What Is Alimony and What Types Are There?
Alimony, in its broadest definition, is a regular financial payment that one person makes to another as a result of an obligation arising from the law. In Turkish law, alimony is not a single item; depending on the course of the divorce case and the situation of the parties, different types come into play. The three most commonly encountered types in practice are interim maintenance, child-support maintenance and poverty maintenance. In addition, assistance maintenance, which can be claimed between relatives outside a court proceeding, is also regulated in the Turkish Civil Code.
Each type of maintenance has its own conditions, calculation logic and duration. For this reason, when we say "alimony" we are not referring to a single amount but to separate items that vary according to the specific case. Below we examine these types and the criteria that play a role in determining the amount in detail.
Interim Maintenance
Interim maintenance is maintenance awarded temporarily for the period between the filing of the divorce or separation case and the finalization of the judgment. Its purpose is to ensure that the basic needs of the spouse who is in economic difficulty while the case continues, and of the children if any, are met. The judge may award interim maintenance of the court's own motion (ex officio) even without a request from the parties. Since this maintenance applies throughout the proceedings, its nature may change when the case ends; for example, it may turn into child-support maintenance for the child and poverty maintenance for the spouse.
Child-Support Maintenance
Child-support maintenance is the maintenance paid by the parent who is not granted custody in order to contribute to the care, education and upbringing expenses of the joint child. The best interest of the child is taken as the basis, and regardless of who is granted custody, the other parent's obligation to care for the child does not disappear. Child-support maintenance as a rule continues until the child comes of age (18); however, if the child's education is ongoing, it may extend until the education is completed. Fault is not decisive in this type of maintenance; that is, even the spouse at fault in the divorce is obliged to pay child-support maintenance for the child.
Poverty Maintenance
Poverty maintenance is maintenance paid by the other spouse to the spouse who would fall into poverty because of the divorce. It is required that the requesting spouse not be more at fault in the divorce and be in a position of falling into poverty as a result of the divorce. The purpose here is to protect the minimum standard of living of the spouse whose economic balance is disrupted by the end of the marital union. Poverty maintenance may be awarded for an indefinite period; however, it may be lifted in cases such as the maintenance recipient remarrying, living as if actually married, or the ending of their poverty.
The Legal Basis of Alimony
The basic regulations concerning alimony are found in the Turkish Civil Code No. 4721. Interim maintenance is based on the provisions of the code relating to interim measures; child-support maintenance on the obligation to contribute to the child's care expenses; and poverty maintenance on the financial consequences of divorce. These provisions reflect the principle of solidarity between spouses and children and the aim of preventing hardship. When rendering their decisions, courts make their assessment according to both the wording of the law and the established case law of the Court of Cassation.
How Is the Alimony Amount Determined?
In Turkish law there is no fixed formula or tariff that automatically gives the alimony amount. The amount is determined within the framework of the judge's discretion, taking into account the particulars of the specific case. For this reason, online calculation tools provide only a rough preliminary idea; the exact result can only be established by the court based on the evidence in the case file. The main criteria the judge relies on in the assessment are as follows:
- The income situation of the parties: The salary, additional income and assets of the maintenance debtor.
- The needs of the maintenance creditor: Basic expenses such as housing, food, health and transportation.
- The child's age and educational status: In child-support maintenance, the child's school, stationery, health and special needs.
- Standard of living: The level of life maintained within the marital union.
- The principle of equity: A fair balance proportionate to the economic power of the parties is observed.
The judge assesses these factors together and tries to determine an amount that will not economically ruin the maintenance debtor while also reasonably meeting the needs of the creditor. In other words, the aim is neither to punish nor to enrich a party; the balance that must be protected is observed.
Increasing and Reducing Alimony
The alimony amount is determined according to the conditions at the time it is awarded; however, these conditions may change over time. The Turkish Civil Code provides the possibility of requesting an increase, reduction or lifting of the maintenance in order to adapt to changing circumstances. If there is a significant change in the economic situation of the parties or if the child's needs increase, an adaptation may be sought through a new case.
If they wish, the parties may also decide that the maintenance be increased each year by a certain rate. In practice, it is frequently decided that maintenance be increased at the rate of the PPI/CPI (producer/consumer price index); thus the purchasing power of the maintenance is protected against inflation. If no such increase is provided for in the judgment, the creditor party may file a separate increase case and request an amount appropriate to current conditions.
Points to Pay Attention To
- Clarify the type distinction: Correctly determining whether the maintenance you are requesting is interim, child-support or poverty maintenance is critical for the process to proceed correctly.
- Document income and expenses: Documents such as payslips, rental agreements, invoices and education expenses are decisive in determining maintenance.
- Observe the balance of fault: In poverty maintenance it is important that the requesting spouse not be seriously at fault; in child-support maintenance, however, fault is not decisive.
- Do not miss the deadlines: For increase or reduction requests, the evidence showing that the conditions have changed must be submitted in a timely manner.
Common Mistakes
- Confusing all types of maintenance: Overlooking that child-support maintenance belongs to the child and poverty maintenance to the spouse leads to incorrect requests.
- Mistaking the online calculation for a definite result: Online tools provide only an estimated idea; the actual amount is determined by the court.
- Trying to show income as lower than it is: The court can establish the actual income by having a social and economic situation investigation conducted.
- Neglecting the increase decision: If there is no automatic increase in the judgment, skipping the filing of an increase case in order to prevent the loss of value of the maintenance over the years produces a result against the creditor.
Example Scenario
In a divorce case, alimony comes onto the agenda between a non-working spouse who has undertaken custody and the other spouse who has a regular income. When the case is filed, the judge awards interim maintenance for both the spouse and the joint child throughout the proceedings. When the judgment becomes final, the item paid for the child turns into child-support maintenance, and for the spouse who has no income and would fall into poverty because of the divorce, into poverty maintenance. In later years, if the debtor's income increases significantly or the child's education expenses rise, the creditor party may file an increase case and request maintenance appropriate to the current situation.
The information above is for general informational purposes and does not constitute legal advice or a guarantee of a definite result. Since every dispute is unique, it is recommended that you obtain professional support from a lawyer for your specific situation.