Alimony, one of the most discussed issues in divorce cases, is a domestic financial assistance obligation determined to ensure the livelihood and well-being of the spouse whose financial situation is weak. However, in some cases, the amount of alimony determined by the courts may be high enough to create an undue burden on one party and an unfair obligation. In such cases, it is possible to take legal action to cancel or reduce these decisions, which are described as “exorbitant alimony”.
What is Exorbitant Alimony?
Exorbitant alimony is the situation where the alimony amount is determined excessively and disproportionately, without taking into account the financial situation and means of the person obliged to pay. This situation may create a financial burden that will make it difficult for the alimony obligor to meet even his basic needs.
What Can Be Done to Cancel the Exorbitant Alimony Decision?
A person who receives an exorbitant alimony decision can take legal action to cancel or reduce this decision. The two basic ways to follow in this regard are:
1. Alimony Reduction Case: In this case, it is requested that the alimony amount be reduced to a fair level. The petition must state in detail the reasons why the alimony amount is exorbitant and puts a strain on the financial situation of the obligor. Documents and evidence must also be presented to support these justifications.
2. Appeal: If a divorce decision involving exorbitant alimony has not been finalized, this decision can be appealed. By appeal, the Supreme Court is asked to review and overturn the decision. In the appeal petition, the reason for the alimony amount being excessive and the reasons for reversing it must be explained in detail.
Things to Consider in Exorbitant Alimony Cases:
Exorbitant alimony cases should be pursued by a lawyer specialized in family law.
It must be proven with documents and evidence that the alimony amount in question is excessive.
The financial situation and means of the alimony obligor must be presented in detail.
The lawsuit petition and the appeal petition must be prepared in a legally flawless manner.
Legal Regulations Regarding Exorbitant Alimony:
Legal regulations regarding exorbitant alimony are included in the Turkish Civil Code. According to Article 395 of the Turkish Civil Code, the amount of alimony is determined by taking into account factors such as the financial situation of the spouses, their ability to work, their professions, income and assets. In determining the amount of alimony, the duration of the spouses’ marriage, whether there are common children and other relevant factors are also taken into account.