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Alimony - Types of Alimony



Alimony can be defined as the sum of money paid by the obligated spouse during or after the trial, with a court decision, in order to ensure the livelihood of the person (other spouse). The amount of alimony is determined by the court by making a separate assessment depending on the actual situation in each file.


In our legislation, 4 different types of alimony (Alimony ad interim, Alimony for the welfare of spouse, Child maintenance, Welfare alimony for some members of family) are regulated. Welfare alimony for some members of family is the only type of alimony that is not subject to divorce.


Alimony ad interim


It is the type of alimony paid temporarily by the other spouse to the spouse who will fall into poverty while the trial continues. If there is a child, it is also ruled in favor of the child. Since alimony is a matter that must be decided ex officio by the judge, even if no demand is made by the spouse who will fall into poverty, the judge who sees that the conditions are met should decide on this type of alimony. In terms of this type of alimony, which is of a temporary nature, it is not possible to enter into discussions of rightness, fault status, etc. Since the decision given for the maintenance alimony is an interim decision, this decision can be appealed by the obligated spouse.


Alimony for the welfare of spouse


It is the type of alimony that is decided to be paid by the other spouse to the spouse who will fall into poverty after the trial is over. This alimony cannot be decided without a request. The requesting spouse must not be more at fault than the other spouse. In case of equal fault, poverty alimony can be decided. In the event of the end of poverty, death, remarriage and leading a life as if s/he is married, the court decides to abolish this alimony. Otherwise, alimony continues indefinitely unless there is a change in the legislation. Although poverty alimony can be requested with a lawsuit after the divorce case, it is necessary to take action within 1 year from the finalization of the divorce decision in order not to be time-barred (TMK art. 178). If it has already been requested in the divorce case and the court has decided to reject the request, the alimony for the welfare of spouse cannot be requested again.


Child maintenance(support)


Child maintenance is the amount of contribution paid by the mother or father, whose custody of the child is not given to after the end of the trial, in order to provide for the child's livelihood. It is not dependent on fault. Generally, alimony that is decided in favor of the child as we mentioned above while the trial continues, continues as child maintenance after the trial is over. The judge, who sees that the conditions are met, must decide on this type of alimony even if there is no demand. Child maintenance continues until the child becomes an adult. We should also state here that marriage makes a person mature(adult) regardless of age. In the event that the education life continues, the alimony continues to be paid even if the child is an adult.


Welfare alimony for some members of family


This type of alimony, which is included in the regulation of Article 364 of the TMK, is not related to divorce as we have stated before.


Article 364 - Everyone is obliged to give alimony to their ascendants, descendants and siblings who will fall into poverty if they do not help.


The alimony obligations of siblings depend on their well-being.


Provisions regarding maintenance debts of spouse and parents are reserved.


Welfare alimony for some members of family is, as stated in the law, is the amount paid by the persons counted as a result of the decision of the court, in the case of a person who will be in a difficult and needy situation if s/he is not helped.


Insufficient Alimony


In the face of changing living conditions and increasing expenses, the amount of alimony decided may no longer be sufficient. For this reason, the legislator has brought the right to file a lawsuit for alimony increase. The person can increase the amount of alimony thanks to the lawsuit s/he will file by revealing her/his justified reasons and supporting them with evidence.


Collection of Alimony


Engaging in enforcement proceedings is one of the steps to be taken by the person who sees that the alimony has not been paid. Since alimony is given a special importance by the legislator, enforcement proceedings may be easier than normal debt enforcement proceedings. For example, in addition to the priority of the alimony, when the salary lien is on the agenda, the 1/4 lien limit is not applied and the entire amount (alimony) is taken. Again, in case the alimony debt is not paid, it is another advantage to use the means of preventive detention pursuant to Article 344 of the Enforcement and Bankruptcy Law. Although there are indeed certain advantages, leaving this process to a lawyer rather than attempting it alone would be better since that will both speed things up and prevent facing many problems.


Competent Court/Court of Competent Jurisdiction


Cases and affairs related to divorce and alimony fall under the jurisdiction of the family court. The court authorized to hear the case is the court of the place where one of the parties is located.