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Types of the alimony which can be decided during and after the Turkish divorce case

Temporary Alimony:  According to the article 169 of Turkish Civil Code numbered 4721; “When the action for judicial separation or divorce is filed, the Judge shall take the interim measures on its own motion which are necessary during the case especially for accommodation, living costs, administration of estates of spouses and care and protection of children. Therefore when a judicial separation or divorce is filed, the judge who is in charge of the case shall take on its own motion without any request necessary interim measures during the lawsuit process regarding the accommodation of spouses, their living costs, administration of their estates and especially the care and protection of the child. Temporary alimony is a financial support which is required to be given by the other spouse in order to provide the spouse and children to maintain their lives during the case process. To decide for the temporary alimony, the court does not consider whether the other spouse has fault or not. According to the Court of Appeal’s decision dated 28.01.2004 numbered 2004/2-8 E. 2004/27 K.; “When judicial separation or divorce is filed, the judge shall take the necessary interim measures during the continuation of the case. Especially to decide for the accommodation, living costs, administration of estates of spouses and care and protection of children, being faultless is not necessary. Therefore the fact that the woman is faulty in the events which caused the divorce is not an obstacle to rule he temporary alimony.’’


It will be taken into consideration the financial situation and living conditions of the spouse when deciding whether the spouse needs the temporary alimony. If the life standards decrease because of the divorce case the court should decide for the temporary alimony. To decide temporary alimony on behalf of children; it is required that children be minor and be taken care by the other spouse. The temporary alimony shall be given from the date of divorce case and it is valid until the finalization of the divorce decision.


Spousal Support: According to the article 175 of Turkish Civil Code numbered; ‘’The spouse who will be in need as a result of divorce may ask other spouse a spousal support indefinitely for living costs in proportion to financial power of the other spouse on the condition that the fault of spouse who will be in need after divorce shall not be heavier than other spouse’s fault. It is not necessary that the party which is liable for the alimony be faulty. ” The Court may decide for spousal support on behalf of one spouse on condition that there is a demand of that spouse on spousal support. The Court cannot decide on its own motion that the spousal support be paid. It should be determined that the party who requests from the court to rule the spousal support will be in need due to the divorce. The spouse who asks spousal support from other shall be non-negligent or less negligent. It cannot be decided a spousal support unless the divorce is decided.


Child Support: According to the article 182/2 of Turkish Civil Code numbered 4721; “In the arrangement of personal relationship with the child of the spouse to whom use of parental custody has not been given, interests of child, especially in respect of health, education and morals are taken as basis. That spouse, has to join to care and education expenditures of child in proportion to his or her capacity.’’


The spouse to whom the custody of child is not given is liable to pay child support in proportion to its ability for the expenditures of education, furniture, clothing, health, accommodation, transportation, allowance etc. of the child in common. The child support is decided with the divorce decision. Therefore the starting time of the child support is the date on which the divorce case is filed. When the child in common becomes major, the child support will be automatically removed without a Court Decision. It Can Be Filed An Action For Aid Alimony For The Major Child.


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