Alimony Regulations in Turkish Law: Duration and Termination

How Many Years Is Alimony Paid, How Does It End?

Alimony, regulated in Article 175 of the Turkish Civil Code, is the financial support provided by one party to the other for their livelihood, in proportion to their financial capacity, provided that the party falling into poverty is not more at fault. Alimony is a partial continuation of the obligation of solidarity and assistance between spouses in the marital union, even after the termination of the marriage. The decision for alimony is made by the judge.

In this article, you will find answers to questions such as how many years alimony is paid if the judge decides on alimony payment, or how it ends, and you will access other information about alimony.

How Many Years Is Alimony Paid?

1. Alimony is indefinite as a rule. In other words, information stating that alimony is paid for a certain number of years does not fully reflect the truth.
2. However, it can also be granted for a specific period by court decision. This period may vary depending on factors such as the economic situations of the parties and the duration of the marriage.
3. Indefinitely granted alimony continues until the conditions for termination are met.

What does it mean for alimony to be indefinite?

According to Article 175 of the Turkish Civil Code No. 4721, alimony is decided to be indefinite as a rule. In the practice of the Court of Cassation, if the conditions for the requested alimony are present but the request is made indefinitely, the judge cannot decide on a time-limited alimony due to the principle of being bound by the claim. From this perspective, in the face of an indefinite alimony request, the judge either rejects the request or is obliged to decide on indefinite alimony.

What are the criticisms of indefinite alimony?

The main criticisms of indefinite alimony are:

1. It is against equity for people who have been married for a short time to be obliged to pay alimony for life due to this provision.
2. It encourages the alimony creditor not to work or forces them to work without insurance.
3. It may cause divorced spouses to avoid remarrying in order not to lose their alimony rights, and therefore keep their relationships outside of marriage and secret.

What are the views defending indefinite alimony?

The views defending indefinite alimony are:

1. Especially for a woman living in a rural area with no profession or craft, it is impossible to sustain her life without alimony.
2. Considering the moral and solidaristic nature of alimony, which is a concrete application of the social state principle, indefinite alimony is equitable.
3. Due to the broad content of the reasons for termination of alimony in TMK Art. 176/3 and its protection of the alimony debtor, the duration of alimony should not be limited.
4. The relatively weak person in the family and society is the child and woman. The principle of positive discrimination, which protects and cares for the weak, points to the protection of women, especially considering that in practice, most alimony creditors are women.

What decision has the Constitutional Court made regarding indefinite alimony?

The Constitutional Court has rejected the objection to indefinite alimony. The High Court stated that the phrase “indefinitely” does not mean that the alimony creditor will always receive alimony until death. It emphasized that the legislator’s aim is to provide economic support to the spouse who falls into poverty due to divorce and to meet their minimum living needs as long as the conditions exist. The request for annulment was also rejected on the grounds that the legislator’s aim is not for the spouse who will fall into poverty to receive alimony until death.

Does the judge have discretion regarding the duration of alimony?

In the practice of the Court of Cassation, deciding on a limited period despite the indefinite request for alimony is considered a reason for reversal. It is stated that even if the concrete case requires or there are justified reasons, the judge cannot use his discretion regarding the duration of alimony by considering these. Because shortening the alimony period is clearly against the law in this matter, which is regulated by mandatory legal provisions and where the judge is not given discretion.

Can the parties agree on the duration of alimony?

The parties can reach an agreement on granting alimony for a limited period. If such an agreement is approved by the judge, this decision constitutes a final judgment. Due to this final judgment, the alimony creditor cannot request an extension of the alimony after the limited period ends.

From which date does alimony start?

Alimony starts from the date the divorce decision becomes final. Alimony cannot be decided in favor of a spouse who was not poor at the time of divorce but became poor later.

How Does Alimony End?

Alimony ends if one of the following conditions is met:

1. The alimony recipient remarries.
2. Death of one of the parties.
3. The alimony recipient leads a dishonorable life.
4. The economic situation of the alimony recipient improves, escaping poverty.
5. The economic situation of the alimony payer seriously deteriorates.
6. The expiration of the period determined by the court decision (if given for a limited time).
7. The alimony recipient lives as if married to someone else without being married.
8. The court’s decision as a result of a lawsuit filed for the removal or reduction of alimony.

An important point to note in this regard is that alimony does not automatically end. Even if the termination conditions occur, it is necessary to apply to the court and obtain a court decision for the removal of alimony.

In which cases does alimony automatically end?

According to TMK Art. 176/3, alimony decided to be paid as an annuity automatically ends if the creditor party remarries or if one of the parties dies.

The reason for the automatic termination of alimony when the alimony creditor remarries is that the maintenance obligation has passed to the new spouse.

In which cases does alimony end by court decision?

According to TMK Art. 176/3, alimony is terminated by court decision if the creditor lives as if married without being married, if their poverty is eliminated, or if they lead a dishonorable life. These situations must be proven by the alimony debtor.

What does it mean for a divorced spouse receiving alimony to lead a dishonorable life?

A spouse leading a dishonorable life is one who lives a life that conflicts with society’s common value judgments such as honor, dignity, and morality, in a continuous manner. For example, drug trafficking, human trafficking, prostitution, and committing disgraceful crimes such as theft have been given as examples of leading a dishonorable life. For alimony to be terminated due to leading a dishonorable life, in addition to the continuity of the lifestyle, such behaviors must be degrading and humiliating for the alimony debtor.

What does it mean for a divorced spouse receiving alimony to live as if married to someone else?

If the alimony creditor lives as if married to someone of the opposite or same sex without being married, the alimony is terminated by the court upon the request of the alimony debtor. For example, if the alimony creditor has bought or rented a house to live with someone else, wears an engagement ring, or attends social gatherings together, they are considered to be living as if married. In such cases, the judge has no discretion. Upon request, the judge must decide to terminate the alimony from the date of the lawsuit.

What does it mean to terminate alimony when the poverty of the alimony creditor is eliminated?

If it is proven as a result of a lawsuit filed by the alimony debtor that the poverty of the alimony creditor has been eliminated, the court decides to terminate the alimony. A person is considered to have escaped poverty as a result of situations such as receiving an inheritance, receiving a donation, or the alimony creditor getting a job that provides regular income. However, the alimony creditor working in temporary jobs or receiving an orphan’s pension does not justify the termination of the decreed alimony.

What does it mean to terminate alimony when equity requires it?

Alimony should be terminated if significant changes occur that make it unreasonable to expect the alimony debtor to fulfill the alimony obligation. If equity requires, it is possible to reduce the amount of alimony. This situation may also arise if the financial situation of the alimony obligor deteriorates or the economic situation of the alimony creditor relatively improves. Apart from this, even if there is no economic change, if equity requires it in the concrete case, the alimony can be completely terminated or the amount of alimony can be reduced.

How is alimony paid?

According to TMK Art. 176/1, the judge can decide whether the alimony should be paid in a lump sum or, if the situation requires, as an annuity. The parties can also determine the method of payment of alimony by agreement. For this agreement to be valid, it must be approved by the judge.

When can an alimony lawsuit be filed?

According to TMK Art. 178, a lawsuit for material compensation, moral compensation, or alimony becomes time-barred if not filed within one year from the finalization of the divorce decision.

Is an alimony lawsuit subject to fees?

Alimony requested in a divorce case is not subject to fees as it is ancillary to the divorce case. However, if alimony is filed independently of the divorce case, it is subject to fees.

Is there a minimum wage limit for alimony?

In the established decisions of the General Assembly of the Turkish Court of Cassation, “having income at the minimum wage level” is not accepted as a fact that makes it impossible to grant alimony, nor is having income above the minimum wage accepted as a fact that makes it impossible to grant alimony. It has been stated that this situation should only be taken into account in determining the amount of alimony.

How is the amount of alimony determined?

When determining alimony, the amount that will save the requester from poverty should be taken as a basis. Excessive alimony should not be decreed just because the requested party has high financial power. Even if the alimony obligor is financially strong, they cannot be obliged to pay more than the amount necessary for the subsistence of the alimony creditor. The General Assembly of the Turkish Court of Cassation considers those who do not have income at a level to cover expenses deemed necessary and essential for developing the individual’s material existence, such as food, clothing, shelter, health, transportation, culture, and education, as poor.

Does the alimony creditor’s employment affect the alimony?

If the alimony creditor gets a job that provides regular income, alimony may be terminated if aspects such as the continuity of the job and the adequacy of the received wage are considered stable. However, working in temporary jobs does not require the termination of alimony. In a decision, the Court of Cassation indicated that in a case where it was alleged that the plaintiff woman receiving alimony had started working, it should be investigated and evaluated whether the plaintiff woman was working, if she was working, whether the income she earned would save her from poverty, and if she had left the job, the reason for leaving, and a decision should be made about alimony according to the result.

Can a lawsuit be filed for the annulment of alimony?

Yes, a lawsuit can be filed for the annulment of alimony. The alimony debtor can file a lawsuit for the termination of alimony in the presence of the reasons stated in TMK Art. 176/3. These reasons are; the creditor living as if married without being married, the elimination of their poverty, or leading a dishonorable life.

What happens in case of the death of the alimony debtor?

According to TMK Art. 176/3, alimony automatically ends with the death of the alimony debtor. As the alimony debt is a strictly personal right, it does not pass to the heirs. The heirs of the alimony debtor do not make any payments to the alimony creditor for the period after the date of death. However, matured alimony debts can be claimed.

What happens in case of the death of the alimony creditor?

According to TMK Art. 176/3, alimony automatically ends with the death of the alimony creditor. As the alimony claim is a strictly personal right, it does not pass to the heirs.

The heirs of the alimony creditor cannot make any claims from the alimony debtor for the period after the date of death. However, matured alimony claims can be demanded.

In which cases can alimony be modified?

According to TMK Art. 176/4, it can be decided to increase or decrease the annuity in cases where the financial situations of the parties change or equity requires. For example, the amount of alimony can be changed if the financial situation of the alimony obligor deteriorates or the economic situation of the alimony creditor relatively improves.

Can alimony be requested before filing a lawsuit?

No, alimony can only be requested together with the divorce case or with an independent lawsuit to be filed within one year after the divorce decision becomes final. Alimony cannot be requested before the divorce case is filed.

Can the alimony decision be enforced before it becomes final?

No, the alimony decision cannot be enforced before it becomes final. However, if it has been decided to pay alimony temporarily, this decision can be enforced even before it becomes final.

Can the alimony creditor waive the alimony?

Yes, the alimony creditor can waive the alimony. However, for this waiver to be valid, the will of the alimony creditor must not have been impaired and the waiver must be made explicitly.

If the alimony debtor voluntarily pays the alimony debt, can they later demand it back?

If the alimony debtor continued to pay alimony unaware that the alimony creditor had remarried, there is unjust enrichment. The payments made can be reclaimed within one year from the date when the remarriage is learned.

What happens if the alimony creditor lives together without marriage?

If the alimony creditor lives as if married without being married, the alimony is terminated by the court upon the request of the alimony debtor. If this situation is proven, it is decided to terminate the alimony; if it cannot be proven, the filed lawsuit is rejected.

Does the remarriage of the alimony debtor affect the alimony?

As a rule, the remarriage of the alimony debtor does not terminate the alimony debt. The remarriage of the alimony debtor may be a reason for reduction pursuant to TMK Art. 176/4, as it brings new obligations to the married person due to the new marriage union.

What happens if the alimony debtor does not pay the alimony?

If the alimony debtor does not pay the alimony, the alimony creditor can initiate enforcement proceedings. In the enforcement proceedings, the alimony debtor’s salary or other income can be seized. In addition, disciplinary imprisonment can be applied to the person who does not pay the alimony debt.

 

 

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