Alimony is one of the most frequently asked-about issues in divorce cases. It is an important legal right that protects the economically weaker spouse and any children during and after divorce. In this article we explain in clear terms what alimony is, how it is determined, what types exist and what it is calculated on.
What Is Alimony?
Alimony (nafaka) is money paid by one spouse to the other, or to the children, as financial support during or after divorce. It is regulated under the Turkish Civil Code.
What Are the Types of Alimony?
Interim Alimony
Temporary alimony granted while the divorce case is pending. Its purpose is to keep the economic balance during the case.
Poverty Alimony
Alimony awarded to the spouse who would fall into hardship after the divorce. Conditions:
- Falling into poverty because of the divorce,
- Not being more at fault than the other spouse.
Child Support Alimony
Alimony paid for the child’s care and education costs. It is generally paid by the parent who does not receive custody.
How Is Alimony Determined?
The amount of alimony is not fixed. It is determined by the judge according to the circumstances of each case.
1. The Parties’ Income
The judge first examines the parties’ economic situation: salary, rental income and assets. The party with the higher income pays more alimony.
2. Standard of Living
The standard of living the parties had during the marriage is taken into account. The aim is to prevent a sudden drop after the divorce.
3. The Child’s Needs
When setting child support, education costs, health expenses and daily needs are considered.
4. Degree of Fault
The party more at fault in the divorce is generally the one who has to pay alimony.
5. Social and Economic Investigation
The court may carry out a social investigation to examine the parties’ economic situation.
How Much Is Alimony?
There is no fixed amount of alimony in Turkey. In practice, amounts vary widely; as a rough, non-binding indication, lower-income cases have seen figures of around 2,000–5,000 TL, middle-income cases 5,000–15,000 TL and higher-income cases 15,000 TL and above. These figures change with inflation and with each case’s facts.
Can Alimony Be Increased?
Yes. If alimony becomes inadequate over time it can be increased. Reasons for an increase include inflation, a rise in income and the child growing older.
Can Alimony Be Reduced or Removed?
In some cases alimony can be reduced or ended entirely, for example if the recipient starts working, remarries or their financial situation improves.
When Does Alimony End?
- The recipient remarries,
- One of the parties dies,
- The poverty no longer exists.
What Happens If Alimony Is Not Paid?
If alimony is not paid, enforcement proceedings are started and a prison sentence may be imposed on the debtor. Alimony is therefore a serious obligation.
How Long Does an Alimony Case Take?
Alimony cases generally conclude within 3 months to 1 year, although the duration varies with the court’s workload.
The Biggest Mistakes When Alimony Is Determined
- Hiding income,
- Submitting incomplete documents,
- Conducting the process without a lawyer.
Court of Cassation Precedents
Decisions of the Court of Cassation (Yargıtay) are among the most important sources guiding practice on how alimony is determined. In decisions of the 2nd Civil Chamber in particular, it is stressed that the parties’ economic and social situations must be assessed together.
According to settled case law, not only the parties’ current incomes but also their standard of living, spending habits and future economic situation must be considered. In one decision, a court’s setting of alimony based only on the declared salary was found wrong, and the decision was held to rest on incomplete examination because the parties’ real living conditions and expenses had not been investigated.
In another precedent, it was stated that the fact a spouse claiming alimony is working is not alone enough to refuse alimony; the Court of Cassation has made clear that alimony may be granted even to a working person if she is likely to fall into poverty after the divorce.
In its decisions on child support, the Court also takes the child’s best interests as the basis and stresses that the amount must be enough to meet the child’s education, health and social needs. In conclusion, the case law shows that not only numerical data but also the ordinary course of life and principles of fairness must be considered. Professional legal support is therefore very important in alimony cases.
Conclusion
Alimony is one of the most critical issues of the divorce process. In setting its amount the judge considers the parties’ economic situation, standard of living and the children’s needs. To avoid losing rights in the alimony process, working with an experienced divorce lawyer is a great advantage.
Frequently Asked Questions
What is alimony determined by?
Alimony is determined by the judge according to the parties’ income, standard of living, the children’s needs and the degree of fault.
Is alimony paid for life?
Poverty alimony can continue for a long time in some cases, but it ends if the recipient remarries or their financial situation improves.
Can a working woman receive alimony?
Yes. Even if a woman is working, she can receive alimony if she would fall into poverty.
What happens if alimony is not paid?
If alimony is not paid, enforcement proceedings are started and a prison sentence may be imposed on the debtor.
How is an alimony increase made?
To increase alimony, a new case must be filed by applying to the court.
Can a man receive alimony?
Yes. If the conditions are met, a man can also receive alimony.
This article is for general information only and is not legal advice.