One of the most curious issues in divorce cases is whether the working spouse can receive alimony. In this article, we will examine this complex subject in detail and answer all the questions you have.
What is the Legal Situation?
In accordance with Article 4 of the Turkish Civil Code, spouses have the right to demand alimony from each other after the marriage union ends. This right applies to both spouses, regardless of whether they work or not.
In other words, a working spouse also has the right to request alimony if his income level does not meet the level of life the spouses live together.
How is the Alimony Amount Determined?
The amount of alimony is determined at the judge’s discretion. The judge takes the following into consideration when making this assessment:
Duration of spouses’ marriage: In long-term marriages, a higher alimony amount may be determined than in short-term marriages.
Spouses’ financial situations: Spouses’ income, assets and debts are important factors that affect the amount of alimony.
Presence of children: Child custody and maintenance costs also play a role in determining the amount of child support.
The professions of the spouses during marriage: The professions that the spouses acquired during the marriage and the earnings they earned from these professions are also taken into account.
What Should a Working Spouse Pay Attention to When Receiving Alimony?
In order for a working spouse to receive alimony, it is important to pay attention to the following:
He/she must document his/her income: The working spouse must prove that his/her income is insufficient with documents such as pay slips, earnings certificate obtained from the tax office.
Practicing the profession he acquired during the marriage: The spouse must also explain the reason for not practicing the profession he acquired during the marriage or not being able to earn enough income from this profession.
Do not delay in claiming your rights: There is a statute of limitations for requesting alimony. This period is 1 year from the date the divorce becomes final.
Can a Working Spouse with a Child or a Dependent Family Member Receive Alimony?
Yes, a working spouse who has a child or dependent family member can also receive alimony. In this case, the judge will take this special situation into consideration when determining the amount of alimony.
