Alimony in Turkey is a financial safety net for spouses who require financial assistance after a divorce or separation. As a part of the divorce process, alimony should be understood comprehensively.
If you wonder what alimony in Turkey is, how it works, how long it lasts, or have other questions about this field, you should keep reading. We provided all the details about alimony in Turkey in this article.
Procedures for Divorcing in Turkey
Divorcing in Turkey comprises a structured legal procedure. However, divorce procedures may differ based on various elements, including the types of divorce. The procedures required for different types of divorce are explained below.
If you want to learn more about the procedures for divorcing in Turkey, you can contact our Turkish lawyer firm, Istanbul Lawyer Firm. With our alimony lawyers, we support you in your divorce cases and help you through the legal process, including preparing the necessary documents.
Uncontested (Consensual) Divorce
When spouses mutually agree to terminate their marriage without major conflicts, it is called uncontested divorce. Its procedure includes consulting with a lawyer, preparing a divorce agreement, notarizing the agreement, filing the application and submitting it to the Family Court, and registering with the Turkish Civil Registry Office.
Contested Divorce
Contested divorce is when spouses disagree on issues like child’s custody, property division, or alimony and cannot reach a mutual agreement. It includes consulting with an attorney, filing a divorce petition, attending mediation sessions to resolve disputes, hearings, and evidence presentations, and registering with the Turkish Civil Registry Office.
Mutual Divorce
Mutual divorce is a simplified process when spouses agree to end their marriage without significant disputes. Since it is the same process as uncontested divorce, their requirements are the same.
What is Alimony and Who Can Apply for It?
Alimony in Turkey is a type of financial support that one spouse may be required to pay the other after a divorce. The length of the marriage and the couples' possible present and future earnings determine how much alimony a spouse must pay and the continuation of alimony.
To get more information about alimony in Turkey or start the legal process, consult a lawyer in Turkey, particularly an alimony attorney. With our professional and English-speaking lawyers in Turkey, we offer you legal assistance in the field of alimony.
What Are The Types of Alimony in Turkey?
There are different types of alimony in Turkey, and they can vary according to other circumstances, needs, and the court's discretion. These types include spouse maintenance, child maintenance, and poverty alimony.
Spouse Maintenance
According to Article 175 of the Turkish Civil Code, the financial support one spouse provides to the other after a divorce or separation is called spousal alimony.
Child Maintenance
The custodial parent, usually the mother, receives child support, while the other spouse may need to provide the wife with alimony following the divorce.
Poverty Alimony
It is awarded to the financially disadvantaged spouse after divorce or separation. Poverty alimony is usually the spouse with a lower income or fewer financial resources.
Factors Considered in Alimony Determination
The court determines alimony in Turkey based on different factors and circumstances. The necessary factors for alimony determination are explained below to ensure the arrangement is fair and the best interests are provided.
Income
In the case of alimony, the court considers several aspects, like the income of the paying spouse, the income of the recipient spouse, or employment status.
Children's Needs
The court considers the costs of raising and maintaining any children involved while deciding on alimony payments.
Duration of the Marriage
The duration of the marriage is a key factor in deciding the alimony in Turkey, which may result in higher alimony awards for longer marriages.
Age and Health of Both Spouses
Since age and health may affect a spouse's ability to work and support themselves, these factors can affect the alimony determination.
Marital Misconduct or Fault
In some cases, a spouse's misconduct or fault contributed to the marriage breakdown; it can be a determining factor in Turkey.
Alimony Issues for Spouses Who Live in Different Countries
If spouses live in different countries, the alimony process can be challenging. To solve alimony issues, one must consider the differences in the laws of both countries, examine the involved international treaties or agreements, and seek legal counsel.
Modifying Alimony Agreements Across Borders
Modifying alimony agreements when one spouse lives across borders requires a comprehensive understanding of the legal systems and international laws.
The Role of International Treaties and Agreements
When different countries are involved, the alimony process can be affected by the differences between international treaties and agreements.
Seeking Legal Counsel for International Alimony Issues
Since each country may have different rules and procedures, engaging legal counsel can help to navigate the potential complexities better.
You can reach our previous article from https://istanbullawyerfirm.com/blog/understanding-cyber-law-in-the-digital-age.