Alimentatie bij echtscheiding in Turkije

Divorce can be a challenging process and understanding the intricacies of alimony in Turkey is crucial for foreigners living in or have been to Turkiye. Foreign element divorce cases must be tough but This blog will delve into the types of alimony available in Turkey, the legal framework, and common issues that arise in practice.

Types of Alimony in Turkey

In Turkish divorce proceedings, there are several types of alimony: precautionary alimony (tedbir nafakası), child support (iştirak nafakası)en poverty alimony (yoksulluk nafakası). Additionally, there is maintenance alimony (yardım nafakası). The obligations of mutual assistance and solidarity between spouses and the responsibilities of being a parent continue through alimony determined by the court during and after divorce proceedings.

Precautionary Alimony (Tedbir Nafakası)

Precautionary alimony is a temporary type of alimony that can be requested by one spouse from the other either before or after filing for divorce. This alimony is meant to provide financial support for the requesting spouse and any minor children until the divorce is finalized. According to Article 169 of the Turkish Civil Code, “When a lawsuit for divorce or separation is filed, the judge, ex officio, takes the necessary measures, especially regarding the accommodation and livelihood of the spouses, the management of the spouses’ properties, and the care and protection of the children, during the course of the lawsuit.”

Due to its temporary nature, the judge can order precautionary alimony without investigating the fault of the parties. However, in practice, it often takes a long time to determine the need for precautionary alimony, causing significant delays and potential hardship for the requesting party.

Child Support (İştirak Nafakası)

Child support is awarded to ensure that the non-custodial parent contributes to the expenses of raising the child until they reach the age of 18. It is the parents’ duty to provide their children with conditions that support their physical, mental, social, and moral development.

The amount of child support is determined based on the socio-economic status of the parents, the child’s age and needs, educational status, the economic conditions of the country, and the financial status of the parents. It is important that both parents contribute equally to the child’s expenses.

Poverty Alimony (Yoksulluk Nafakası)

Poverty alimony is intended to prevent one spouse from falling into poverty after the divorce. The purpose of this alimony is to ensure that the spouse who is left without sufficient means of support after the divorce receives financial help from the other spouse.

According to Article 175 of the Turkish Civil Code, “The spouse who will fall into poverty after the divorce can demand poverty alimony from the other spouse in proportion to their financial power, provided that the requesting spouse is not more at fault than the other spouse.”

Maintenance Alimony (Yardım Nafakası)

Maintenance alimony is a lesser-known type of alimony intended for family members other than the spouse and children. It can be awarded to relatives in need of financial support, ensuring the continuation of familial assistance even after the dissolution of the marriage.

Common Issues in Alimony Cases

While the existing regulations on alimony in Turkey are generally sufficient, some issues still need to be addressed, particularly concerning the indefinite nature of poverty alimony. The need for legal reforms in this area is evident to ensure fairness and clarity.

Delay in Awarding Alimony

One of the major issues in alimony cases is the delay in awarding precautionary alimony. Without conducting a Social and Economic Status Investigation Report, courts often take a long time to decide on precautionary alimony, causing significant hardship for the requesting party.

Financial Burden on the Paying Party

In some cases, courts may not order precautionary alimony from the date of filing the lawsuit but later decide to award it from that date retroactively. This creates a financial burden on the paying party, who may have to make a large lump-sum payment. For example, if the court orders a precautionary alimony of 5,000 TL per month starting from the filing date, and the lawsuit takes 24 months, the total amount payable in a lump sum would be 120,000 TL.

Socio-Economic Disparities

There are cases where child support is used by the custodial parent as an additional income source rather than for the child’s needs. This undermines the fairness and purpose of child support and creates financial disputes between the parents.

Indefinite Poverty Alimony

Another significant issue is the indefinite nature of poverty alimony. Even in marriages that lasted only 3-4 months, courts have ruled that the husband must pay poverty alimony to the wife for life. This creates a significant financial burden on the paying party and can discourage remarriage.

Lack of Effective Appeal Mechanism

In cases where the awarded alimony amount is found to be insufficient by the recipient, there is no effective mechanism to appeal for an increase. Similarly, the paying party cannot challenge the amount if it is deemed excessive. The only recourse is through the final court decision, which may not always provide a fair resolution.

Conclusie

The issue of alimony in divorce cases is a complex and sensitive topic that requires careful consideration of the socio-economic conditions and the best interests of all parties involved. With the high divorce rates in Turkey, it is crucial that judges determine alimony amounts fairly and promptly to ensure justice is served.

Recommendations

To improve the alimony process in Turkey, the following measures are recommended:

1. Speeding Up Judicial Processes: Efforts should be made to expedite judicial processes to ensure timely decisions on alimony.
2. Fair Assessment: Judges should assess the socio-economic conditions of the parties involved and determine alimony amounts that reflect the financial realities and needs.
3. Legal Reforms: Necessary legal reforms should be enacted to address issues like the indefinite nature of poverty alimony and to provide effective mechanisms for appealing alimony decisions.

By implementing these recommendations, the Turkish judicial system can ensure that alimony decisions are fair, equitable, and reflective of the parties’ needs and circumstances.

For more detailed information about divorce alimony issues in Turkey, or if you need personalized legal assistance, please don’t hesitate to reach out to Alfa Law. Our experienced legal team is dedicated to providing comprehensive support and guidance tailored to your unique situation. You can contact us here or by calling our office. We are here to help you navigate the complexities of divorce and alimony with professionalism and care.