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Conditions of Obtaining Alimony
Conditions of Obtaining AlimonyIn Article 175 of the Civil Code, alimony is regulated and its conditions are specified: “The party who will fall into poverty due to divorce may request alimony from the other side indefinitely in proportion to his financial strength, provided that his fault is not greater. The fault of the alimony is not sought.”
According to this, if the spouse who is not severely flawed will fall into poverty due to divorce, he/she can demand alimony. Poverty has been defined by the Supreme Court of Appeals General Assembly as follows: “Those who do not have enough income to meet the necessary and necessary expenditures in order to improve the individual’s material wealth such as food, clothing, shelter, health, transportation, culture and education should be considered poor.”
Therefore, poverty is to be evaluated by looking at the economic conditions of the day, the social and economic conditions and lifestyles of the parties, and the defect in divorce. Although the Court of Cassation does not have a definite opinion on this issue, it is seen that the decisions are made in accordance with the concrete situation.
Therefore, even if the woman is working, whether she will fall into poverty by divorce is evaluated on the basis of a concrete situation, and if it is determined that she will fall into poverty, the amount of alimony is determined by evaluating the criteria such as the income status of the parties and their lifestyles.
Can a Working Woman Get Alimony?
However, it should be noted that there is no categorical view that “the working woman is not given alimony”. Therefore, by evaluating within the framework of the above-mentioned criteria, alimony can be ruled in favor of the spouse whose wages will not save him from poverty and cannot provide the opportunity to live and live humanely.
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