When Can a Woman Not Receive Alimony?
According to the Turkish Civil Code, a woman may be entitled to receive alimony or child support after a divorce. However, alimony is not requested in all cases or the right to alimony may be eliminated. The situations in which a woman cannot receive alimony are as follows:
1. If the Woman is at Serious Fault
According to Article 175 of the Turkish Civil Code, the party who will fall into poverty due to the divorce may request alimony from the other party. However, this right is only for the party who is at fault or lesser fault. If the woman is found to be completely at fault or at serious fault in the events that caused the divorce, she will not be entitled to receive alimony.
Examples:
Cheating on her spouse (adultery)
Using violence
Leaving the house or not fulfilling family responsibilities
2. The Woman’s Financial Situation is Sufficient
If the woman has a financial income that will not cause her to fall into poverty after the divorce, she cannot request alimony. The court may reject the alimony request by evaluating the woman’s economic situation in the following cases:
The woman has a regular and sufficient income
The woman’s assets are sufficient to meet her needs
3. The woman enters into a new official or de facto relationship
If the woman marries someone else after the divorce, her right to alimony ends.
In addition, even if there is no official marriage, if the court determines that the woman is in a de facto relationship, it may reject the alimony request or cut off the alimony paid.
4. The woman does not request alimony
If the woman does not request alimony during or after the divorce case, the court will not automatically rule for alimony. Therefore, if the woman does not want to receive alimony or does not submit her request, alimony will not be paid.
5. Stopping of Alimony after Detection of Woman’s Fault
Even if the woman receives alimony after the divorce, if it is later determined that the man:
Starts working,
Is financial situation improved,
Is having a de facto relationship with someone else, the alimony payment will be stopped.
6. Child Support Cannot Be Received During Marriage
A woman can only request alimony for herself. Child support paid for children is ruled in favor of the party (usually the woman) who receives custody and is used for the needs of the children. However, if the woman does not receive custody, she cannot request child support.
In order for a woman to receive alimony, she must be faultless or less faulty, fall into poverty after the divorce, and make the request. Gross fault, inadequacy of economic situation, or other situations that cause the right to alimony to be extinguished will result in the rejection or termination of the alimony request. It is important to consult a specialist lawyer for a detailed legal assessment.
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