Our Turkish family lawyers provide legal consultancy, advocacy, and mediation services in all matters related to divorce including alimony cases in Turkey. We represent clients in compensation, alimony, custody, and liquidation of property regimes, as a divorce lawyer and mediator in property division lawsuits and other divorce cases.
Table of Contents
The Turkish Civil Code regulates alimony in Article 175. According to this article; “The party who will fall into poverty due to divorce may ask for alimony indefinitely in proportion to his financial strength from the other side for his livelihood, provided that his fault is not more severe.”
In other words, in order for the spouse to be entitled to alimony in divorce, he or she must be less defective or flawless than his or her own spouse.
Full Details for Alimony Cases in Turkey
It may be decided to pay the pecuniary compensation and alimony in bulk or in the form of an annuity according to the requirements of the situation. The pecuniary compensation or alimony that is decided to be paid in the form of an annuity is automatically terminated in the event of the remarriage of the creditor or the death of one of the parties.
If the creditor is not married but leads a life as if he is married, if his poverty has disappeared or if he is leading a dishonorable life, the compensation or alimony that is decided to be paid in the form of annuity is lifted by a court decision. In cases where the financial situation of the parties changes parties’ financial situation decided to increase or decrease the income.
As stipulated in Article 178 of the Turkish Civil Code, the alimony case will expire one year after the finalization of the divorce decree.
In Which Circumstances Can the Case for Increasing Alimony Be Filed?
In the provision of the Turkish Civil Code 176/4, “it can be decided to increase or decrease the income in cases where the financial situation of the parties changes or when equity requires”; In the provision of TCC 331, there are regulations that “in case the situation changes, the judge re-determines the amount of alimony upon request or cancels the alimony”.
As can be seen, when the regulations in the law and the Supreme Court’s opinion are taken into account, the alimony can be increased, decreased, or removed through litigation in case the conditions change or the equity requires it. In practice, this is called the Adaptation Case of Alimony. Here, the current situation of the spouse who pays or receives alimony must change or the equity must justify the request.
For example, if the financial situation of the spouse who pays the alimony worsens, or if the alimony creditor has a large inheritance, adjustment of the alimony may be requested. The most important point to be considered here is that the changing conditions should be related to the situation that constitutes the basis for alimony.
There is no deadline for the lawsuit regarding the request for adaptation of the alimony, the parties can apply if the conditions change, but the date of the child’s maturity should be paid attention to in the participation alimony because, after this date, no request for adaptation can be made.
Family Law Services in Turkey
- Uncontested divorce case
- Contested divorce case
- Litigation of the property regime
- Alimony cases in Turkey
- Recognition and enforcement proceedings
- Custody Cases
- Alimony adaptation case
- Collection of alimony and compensation receivables
- Divorce due to adultery
- Removal of the violent spouse from the home
Reach us for Alimony Cases in Turkey
Consultixa Law is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Our Turkish family lawyers provide legal consultancy, advocacy, and mediation services in all matters related to divorce including alimony cases in Turkey since 1992.
Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for alimony cases in Turkey through our Contact page.