The 4 Types of Alimony in Turkey’s Legal System

Alimony, known as “nafaka” in Turkey, represents a significant aspect of Turkish family law that affects many individuals involved in divorce proceedings or family support situations. This comprehensive guide explores the various types of alimony in the Turkish legal system, the procedures for filing alimony claims, and the ongoing debates surrounding these financial obligations.

 

What is Alimony Under Turkish Law?

In the Turkish legal framework, alimony (nafaka) is a court-ordered financial payment that one person is obligated to provide to another person under specific circumstances prescribed by law. The Turkish Civil Code defines alimony as “financial support necessary for sustenance” and “a monthly payment ordered by the court that one is obligated to provide to those they are responsible for supporting.”

Turkish alimony laws serve to protect individuals who may face financial hardship following a divorce or separation. Contrary to common misconceptions, alimony in Turkey is not exclusively applicable to divorced spouses. A person may also be obligated to provide financial support to relatives in need under the classification of “assistance alimony.”

The foundation of alimony in Turkish law reflects social welfare principles and acknowledges the economic interdependence that often exists within families. These legal provisions aim to prevent individuals, particularly those who are financially dependent, from falling into poverty due to divorce or family separation.

 

Types of Alimony in Turkish Legal System

The Turkish Civil Code recognizes four distinct types of alimony, each serving different purposes and applying to specific situations. Understanding these different categories is essential for both potential alimony recipients and payers.

 

Temporary Support Alimony (Tedbir Nafakası)

Temporary support alimony is a financial provision ordered during ongoing divorce proceedings. This type of alimony can be requested before or during a divorce case and is designed to support the economically disadvantaged spouse until the divorce is finalized.

A key characteristic of temporary support alimony is that fault is not considered when determining eligibility. This means that even a spouse who committed adultery or other violations of marital duties may still be entitled to receive temporary support alimony.

The duration of temporary support extends from the beginning of the divorce proceedings until the final divorce decree is issued. Once the divorce is finalized, this form of alimony typically transitions to poverty alimony if applicable conditions are met.

Poverty Alimony (Yoksulluk Nafakası)

Poverty alimony is granted as part of the final divorce decree to a spouse who would fall into poverty as a result of the divorce. For a court to award poverty alimony, the requesting spouse must demonstrate that they:

• Will experience financial hardship as a direct result of the divorce
• Are not more at fault than the other spouse in the events leading to divorce
• Have legitimate financial needs that cannot be met independently

One of the most controversial aspects of Turkish alimony law is that poverty alimony can be indefinite in duration. Unlike many other countries that impose time limits on alimony payments, Turkish law allows poverty alimony to continue until the recipient spouse either remarries, becomes financially self-sufficient, or either party passes away.

Child Support Alimony (İştirak Nafakası)

Child support alimony is ordered to ensure that both parents contribute to the financial needs of their minor children after divorce. This type of alimony is paid by the non-custodial parent to the parent who has been granted custody of the children.

The primary consideration in determining child support amounts is the best interest of the child principle. Courts assess various factors including:

• The financial capacity of the paying parent
• The child’s needs for education, healthcare, and general welfare
• The standard of living the child enjoyed before the parents’ separation

Child support alimony continues until the child reaches the age of majority (18), though it may be extended if the child is still pursuing education. In cases where a child becomes self-supporting before reaching adulthood, the courts may terminate the child support obligation earlier.

Assistance Alimony (Yardım Nafakası)

Assistance alimony extends beyond the spousal relationship to encompass broader family support obligations. This type of alimony is based on the principle that certain family members have a duty to support relatives who would otherwise fall into poverty.

According to Turkish Civil Code Article 364, every person is obligated to provide financial support to their ascendants, descendants, and siblings if these relatives would fall into poverty without such assistance. This obligation applies in the following order:

1. Support from descendants (children, grandchildren)
2. Support from ascendants (parents, grandparents)
3. Support from siblings (applies only if the siblings are financially comfortable)

Assistance alimony represents the broader social welfare function of Turkish family law, recognizing that familial support networks serve as an important safety net beyond immediate marital relationships.

 

The Legal Process of Filing for Alimony in Turkey

The process of obtaining alimony in Turkey involves several formal legal steps and procedures. Understanding this process is crucial for anyone seeking to file an alimony claim or responding to such a request.

Competent Courts and Jurisdiction

Alimony cases in Turkey fall under the jurisdiction of Family Courts (Aile Mahkemesi). In locations where a specialized Family Court does not exist, Civil Courts of First Instance (Asliye Hukuk Mahkemesi) handle these cases while functioning as Family Courts.

Regarding geographic jurisdiction, Turkish Civil Code Article 177 establishes a special jurisdiction rule for alimony cases filed after divorce: the court in the place of residence of the alimony recipient has jurisdiction. However, this special jurisdiction rule does not eliminate the general jurisdiction rule under the Civil Procedure Law, which states that the competent court is the one in the defendant’s place of residence at the time the lawsuit is filed.

This means that in post-divorce alimony cases, the plaintiff has the option to file either:

• In the court of the defendant’s place of residence, or
• In the court of the plaintiff’s own place of residence

Required Documentation and Evidence

Successfully pursuing an alimony claim requires substantial supporting documentation and evidence. The specific documents needed depend on the type of alimony being sought, but generally include:

 

Timeline and Procedural Steps

The alimony claim process typically follows these steps:

1. Filing the petition with the appropriate court, including all necessary documentation
2. Payment of court fees (calculated based on the annual alimony amount requested)
3. Service of process to the respondent, who then has two weeks to submit a response
4. Preliminary hearing where the court may order a social and economic status investigation
5. Main hearings where evidence is presented and testimony is heard
6. Court decision determining whether alimony will be granted and in what amount
7. Enforcement of the decision through regular payments or, if necessary, enforcement proceedings

It’s important to note that under Turkish Civil Code Article 178, claims arising from divorce (including alimony claims not made during the divorce proceedings) are subject to a one-year statute of limitations from the date the divorce decree becomes final.

 

Determining Alimony Amounts in Turkish Courts

Turkish courts consider multiple factors when establishing appropriate alimony amounts, aiming to balance the needs of the recipient with the financial capacity of the payer.

Factors Considered by Judges

When determining alimony amounts, judges take into account:

• The financial resources of both parties, including income, property, and assets
• The standard of living maintained during the marriage
• The age and health of both parties
• The duration of the marriage
• The contributory role each spouse played in creating the other’s wealth and career
• Any sacrifices made by one spouse for the family (such as giving up education or career opportunities)
• The realistic earning capacity of the recipient spouse

For child support specifically, courts also consider:

• The child’s age and specific needs (education level, health conditions, special requirements)
• The previous lifestyle of the child before the parents’ separation
• The proportional responsibility of each parent based on their financial capacity

Modification of Alimony Payments

Alimony amounts are not permanently fixed and can be modified based on changing circumstances. Turkish Civil Code Article 176 specifically provides that in cases where the financial circumstances of the parties change, or where principles of equity require, the amount of alimony may be increased or decreased.

To request a modification, the interested party must file a separate lawsuit demonstrating:

• A significant change in circumstances since the original alimony order
• Evidence that the current alimony amount is no longer appropriate due to these changes

Turkish courts generally use the Consumer Price Index (CPI) as a baseline for alimony increases, often adjusting amounts annually according to inflation rates when specific modification requests have not been filed.

 

Enforcement and Consequences of Non-Payment

When alimony obligations are not fulfilled voluntarily, Turkish law provides several enforcement mechanisms to ensure compliance.

Legal Remedies for Non-Payment

A recipient of unpaid alimony can initiate enforcement proceedings through the enforcement offices (icra dairesi). The process typically includes:

1. Filing an enforcement request with the appropriate enforcement office
2. The enforcement office issuing a payment order to the debtor
3. If payment is still not made, the enforcement office may proceed with:
   • Wage garnishment (up to 1/4 of the debtor’s salary)
   • Seizure of assets including bank accounts, vehicles, or real estate
   • Sale of seized property to satisfy the alimony debt

In cases of persistent non-payment, the alimony recipient can file a criminal complaint under Article 344 of the Enforcement and Bankruptcy Law. This can lead to imprisonment for up to three months (tazyik hapsi) for the non-paying party. However, if the debtor pays the outstanding alimony after being imprisoned, they will be released immediately.

It’s worth noting that this imprisonment is not a criminal punishment but rather a coercive measure designed to compel compliance with the court order.

International Enforcement Challenges

Enforcing Turkish alimony decisions across international borders presents significant challenges. When the alimony payer resides outside Turkey, enforcement depends on:

• Bilateral agreements between Turkey and the country in question
• Whether the other country is a signatory to relevant international conventions
• The specific enforcement laws of the foreign jurisdiction

Turkey is a party to several international agreements that facilitate cross-border enforcement of maintenance obligations, including the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

 

Current Debates and Reform Efforts

Alimony laws in Turkey have become the subject of intense public debate and calls for legislative reform in recent years.

The Indefinite Alimony Controversy

The most contentious issue in Turkish alimony law is the indefinite duration of poverty alimony. Under current law, poverty alimony continues until the recipient remarries, begins living with someone as if married, achieves financial self-sufficiency, or either party dies.

Critics argue that this system creates:

• Unfair financial burdens on alimony payers that can last decades
• Disincentives for recipients to become financially independent
• Complications in forming new relationships for both parties

Proponents of the current system contend that:

• Many recipients, particularly older women with limited education or work experience, face genuine barriers to financial independence
• Time-limited alimony could create a social welfare crisis for vulnerable divorced individuals
• The system protects those who made significant sacrifices during marriage

Reform proposals include:

• Setting maximum time limits on alimony based on the length of the marriage
• Creating a phase-out system where alimony gradually decreases over time
• Establishing clearer standards for determining when a recipient is no longer in poverty

Balancing Rights and Responsibilities

The ongoing debate reflects broader tensions in Turkish society regarding:

• Gender roles and expectations in marriage and post-divorce
• The proper balance between individual freedom and family obligations
• The division of responsibility between family support systems and state welfare programs

Legal scholars and women’s rights advocates caution that reforms must be carefully crafted to avoid creating new social problems while addressing legitimate concerns about the current system.

 

Frequently Asked Questions About Alimony in Turkey

Can alimony be claimed after the divorce is finalized? Yes, if alimony was not claimed during the divorce proceedings, a separate alimony lawsuit can be filed within one year after the divorce decree becomes final. However, for poverty alimony, if the divorce was by mutual consent and there was an explicit waiver of alimony rights, a subsequent claim may not be successful.

Is there a maximum amount for alimony in Turkey? Turkish law does not specify a maximum amount for alimony. The courts determine appropriate amounts based on the needs of the recipient and the financial capacity of the payer, while considering principles of equity and fairness.

Can men receive alimony in Turkey? Yes, alimony laws in Turkey are gender-neutral. Men can claim alimony if they meet the same criteria that apply to women. In practice, however, women are more frequently alimony recipients due to various socioeconomic factors.

Does remarriage automatically terminate alimony? Yes, when the alimony recipient remarries, poverty alimony automatically terminates without requiring a court decision. However, child support alimony is not affected by the custodial parent’s remarriage.

What happens if the payer’s financial situation deteriorates? If the payer experiences a significant decline in their financial situation, they can file a lawsuit requesting a reduction in the alimony amount or, in extreme cases, the complete elimination of the alimony obligation.

Can alimony be paid as a lump sum instead of monthly payments? Yes, Turkish Civil Code Article 176 permits both material compensation and poverty alimony to be paid either as a lump sum or as periodic payments, depending on the circumstances and the court’s decision.

Understanding the complexities of the Turkish alimony system is essential for anyone navigating divorce or family support issues in Turkey. While the current system aims to protect vulnerable individuals from financial hardship, ongoing debates highlight the need to balance this protection with fair and reasonable obligations for all parties involved.

 

Soylu Law Office and Alimonies in Turkey

Soylu Law offers specialized legal representation in Turkish alimony and family law matters. Based in Istanbul, our firm provides comprehensive support for both Turkish citizens and international clients navigating complex family law scenarios.

Our attorneys possess extensive experience handling cross-border family law cases and managing international documentation requirements. We pride ourselves on delivering personalized legal strategies tailored to each client’s unique situation while navigating the intricacies of Turkish alimony regulations.

 

For more assistance or consultation on this matter, you can contact us.