Dear readers of our website, we are glad to offer you another article devoted to the consequences of divorce proceedings in Turkey. This time we will discuss the broader topic, to be more precise the types of alimony provided by the Turkish law system. We can distinguish four types:
1.Spousal alimony (yoksulluk nafakası)
2.Child alimony (iştirak nafakası)
3.Temporary alimony (tedbir nafakası)
4.Support alimony (yardım nafakası)
Let's take a closer look at each type separately.
Spousal alimony (yoksulluk nafakası)
According to article 175 of the Turkish Civil Code, if by the reason of divorce in Turkey, a less guilty spouse is left without a means of subsistence, he is entitled to recover spousal alimony from the other spouse.
The amount of spousal support depends on the financial capacity and income of the guilty spouse. If the spouse receiving alimony marries again, as well in case one of the spouses dies, the alimony payments have to be cancelled. The court may also decide to abolish the spousal support if the spouse who gets the payments lives in a civil marriage, leads an immoral life or has significantly improved the financial position.
Spousal alimony can be only obtained by the spouse who is in need of financial support, in other words if the income of the spouse is not sufficient to provide such basic necessary needs as buying food, clothes, rent payment, health maintenance, education, transport etc. The degree of poverty is estimated according to the current economic and social situation and living conditions of the spouse.
As the practice shows, spousal support is usually awarded to unemployed women after divorce. According to the Supreme Court of Turkish Republic, pension payments do not preclude the payment of spousal alimony.
The Court has a right to increase or decrease the amount of spousal support, if the financial and social status of the spouse who pays alimony has significantly changed.
A parent who isn't awarded the right of custody by the court after divorce(usually the father), is obliged to pay child alimony in order to provide material support and cover the costs of child's maintenance and education.
The court may decide to increase the amount of support as the child grows up and the new needs appear. A parents who has the right of custody may apply to the court again and require to increase the amount of alimony.
The types of alimony mentioned above (spouse support, child support), are awarded only after the divorce. However, how will an unemployed spouse and the children be able to meet their needs until the end of divorce proceedings? Such type of material support as Temporary alimony may solve this problem.
The judge awards temporary alimony payments since the court case has been opened and until the divorce proceedings come to an end.
If the financial conditions of a person do not allow him to carry out basic needs we discussed above, he has the right to get support from the descendants (children or grandchildren) or ancestors (parents, grandparents). In fact, this type of assistance is extremely rare. A person who wants to get the alimony should be recognized as poor, at the same time the relatives who will pay material support should have high income and a stable financial position.
Important note! The type of alimony paid until the child reaches the age of 18 years is called child support, after 18 years- support alimony