Types of Alimony and Payment Conditions: Things to Know
Alimony, which is determined to ensure the economic balance of the parties during or after the divorce process, comes in various types. Alimony is a legal obligation given to provide support to the person who is financially weaker. In this article, we will detail the types of alimony and payment conditions.
1. Poverty Alimony
Definition: It is the alimony determined according to the financial situation of the other spouse and paid after the divorce to the spouse who will fall into poverty due to the divorce.
Conditions: The spouse requesting poverty alimony must be less at fault or be faultless in the divorce. The fact that he/she will experience financial difficulties after the divorce is also an important factor.
Payment Conditions: Poverty alimony is usually paid regularly every month. The court determines the payment amount by evaluating the financial situations of the parties.
Example: A housewife who cannot earn an income may request poverty alimony to provide for herself/himself after the divorce.
2. Participation Alimony
Definition: The party other than the spouse to whom the child’s custody is given pays participation alimony in order to meet the child’s basic needs such as care, education and health.
Conditions: This alimony, which is mandatory for the care of the child, is paid by the parent who does not have custody. It continues until the child reaches adulthood.
Payment Conditions: The alimony amount determined according to the child’s needs is paid regularly every month until the child reaches adulthood.
Example: A father is obliged to pay participation alimony after divorce to cover his child’s education expenses.
3. Precautionary Alimony
Definition: This is alimony given temporarily to the party in poor financial condition while the divorce case is ongoing.
Conditions: If one of the parties experiences financial difficulties during the divorce process, the court may decide on a provisional alimony. This alimony is valid until the divorce case is concluded.
Payment Conditions: The amount determined by the court is paid for the duration of the case. The decision is lifted when the case is concluded or can be converted to poverty alimony.
Example: A spouse who becomes unemployed during the lawsuit may request temporary alimony to support himself/herself.
4. Supportive Alimony
Definition: It is the alimony that other family members are obliged to pay to help a family member who is experiencing financial difficulties.
Conditions: Supportive alimony is requested to provide financial support within the extended family (for example, between parents and children). The financial situation of the person who will pay alimony is also taken into consideration.
Payment Conditions: Supportive alimony is determined according to the financial needs of the person requesting it and is paid regularly according to the court decision.
Example: A divorced parent may request support alimony from his/her children.
5. Indefinite and Temporary Alimony
Indefinite Alimony: It is the indefinite continuation of alimony. Poverty alimony is usually indefinite. Payment continues as long as there is no change in the financial situation of the parties.
Term Alimony: In some cases, the court may decide that alimony will be paid for a certain period of time. For example, payments are made until the spouse can find a job or regain financial stability.
6. Removal or Change of Alimony
Conditions: In the event of a serious change in the financial situation of the person paying or receiving alimony, the amount of alimony can be adjusted by applying to the court. Alimony can be cut for reasons such as the person receiving alimony getting married or improving their financial situation.
Example: If the party receiving alimony remarries, the alimony payment will end. Similarly, if the person paying alimony loses their job, the alimony amount can be reviewed.
Alimony types are a legal tool to maintain the financial balance of the parties during and after the divorce process. Requesting or being obligated to pay alimony requires both parties to know their rights and responsibilities. The amount of alimony and the payment terms are determined by the court according to the financial situation of the parties and are intended to ensure balance between the parties. It would be beneficial for you to receive legal advice in order to understand the legal process regarding alimony payments and to take the right steps.
