Alimony Request in Divorce Cases: Conditions and Calculation Methods
Divorce cases not only end the relationships between couples, but also bring up many legal and financial issues such as financial obligations and alimony arrangements. Alimony is a type of financial assistance paid by one spouse to provide financial support to the other during and after the divorce process. In this article, we will examine in detail the conditions and calculation methods of alimony request in divorce cases.
What is Alimony?
Alimony refers to the money paid between divorced spouses to provide financial support to the other after the divorce. According to the Turkish Civil Code, alimony is regulated in two main types:
Precautionary Alimony: It is the alimony determined temporarily by the court in order to protect the economic situations of the parties during the divorce case process.
Poverty Alimony: It is the alimony determined for the spouse who falls into poverty after the divorce and paid after the divorce.
Conditions for Requesting Alimony
2.1. Economic Status of Spouses
In order to request alimony, the person requesting it must be economically inadequate. This means that the spouse is unable to maintain a sufficient standard of living on their own.
Financial Inadequacy: If the spouse requesting alimony cannot earn a sufficient income on their own after the divorce, poverty alimony can be requested.
2.2. Need of the Requesting Spouse
The person requesting alimony must prove that they need financial assistance to maintain their standard of living. The need status includes falling below the minimum income level required to maintain a standard of living.
Standard of Living: The difficulty the spouse requesting alimony has in making ends meet after the divorce indicates the level of support they need.
2.3. Financial Status of the Other Spouse
The financial status of the spouse who will pay alimony is also important. The amount of alimony is determined by taking into account the income status of the person who can pay alimony. The paying spouse must be able to maintain their own standard of living with alimony payments.
Income Status: The income status of the paying spouse is effective in determining the amount of alimony.
Alimony Calculation Methods
3.1. Calculation of Poverty Alimony
Alimony is a type of support determined for a spouse who falls into poverty after divorce. The following factors are taken into account when calculating:
Income Status of the Parties: The income status of both spouses is evaluated. Alimony is determined by taking into account the needs of the requesting person and the ability to pay of the other spouse.
Standard of Living: Alimony is determined in a way that ensures that the requesting person’s current standard of living is maintained. The standard of living they lived before affects the amount of alimony.
3.2. Calculation of Temporary Alimony
Precautionary alimony provides temporary support during the divorce case. The calculation is made as follows:
Temporary Needs: The temporary needs and economic situations of the parties are evaluated. Temporary alimony is determined to help the parties make ends meet during the case process.
Duration of the Case: The duration of alimony is determined depending on the process of the case and provides temporary assistance.
3.3. Increasing or Decreasing the Amount of Alimony
The amount of alimony may be increased or decreased depending on changing economic conditions over time, changes in the income status of the parties, and other factors.
Request for Hearing: A request to change the amount of alimony is made by applying to the court. Changes in economic status may cause alimony to be re-evaluated.
Things to Consider When Requesting Alimony
4.1. Application for Alimony
When requesting alimony, it is important to make the application correctly and on time. Temporary alimony may be requested during the divorce case process, while poverty alimony comes to the agenda after the divorce decision is made.
4.2. Documentation of Income and Expenses
When requesting alimony, the person must document their income status and expenses. Bank statements, pay slips and other financial documents play an important role in justifying the alimony request.
4.3. Legal Consultation
Getting legal consultancy when requesting alimony ensures that the process is managed correctly. Lawyers can provide guidance on alimony calculation and request, and can handle the legal aspects of the process professionally.
In divorce cases, alimony request is an important process that balances the rights and obligations of both the requesting and paying spouses. Alimony is determined to support the economic situations of the spouses after the divorce and is calculated depending on various factors. Parents’ careful and fair approach to alimony calculation ensures that the rights of the parties are protected.
When requesting alimony, it is important to understand the legal and financial aspects of the process well and to prepare the necessary documents completely. Getting professional legal consultancy ensures that alimony requests are handled correctly andcontributes to the process progressing in a healthier way.