Alimony is the obligation of one spouse to provide financial assistance to the other after divorce. Three types of alimony are foreseen in the Turkish Civil Code:
Poverty alimony: It is a type of alimony that can be requested by the spouse who did not participate in the workforce or was unable to participate adequately during the marriage due to housework and family care, if he cannot make ends meet after the divorce.
Participation alimony: It is a type of alimony that can be requested if the financial situations of the spouses are close to each other during the marriage and if this situation continues after the divorce and if the conditions for poverty alimony are not met.
Alimony: If the marriage has lasted for a long time and one of the spouses has become financially and morally dependent on the other after the divorce, this is the type of alimony that the spouse can request.
Removal of alimony is possible under certain conditions. These conditions are:
Remarriage of the alimony creditor: If the alimony creditor remarries after the divorce, the alimony will automatically terminate. However, if the financial situation of the new spouse cannot meet the needs of the alimony creditor, a lawsuit can be filed to restart alimony.
Improvement of the financial situation of the alimony creditor: If the alimony creditor starts working or his income increases after the divorce, a lawsuit can be filed to reduce or abolish the alimony.
Deterioration of the financial situation of the alimony debtor: If the alimony debtor loses his job or has a decrease in his income, a lawsuit can be filed to reduce or abolish the alimony.
If the alimony creditor commits faulty behavior during the marriage, such as adultery, abandonment, or violence against his or her spouse, a lawsuit can be filed to revoke the alimony.
The child reaches adulthood: If alimony is paid for the child’s support, the alimony ends automatically when the child turns 18, gets married or starts working.
Living with a person with whom the alimony creditor will live together: If the alimony creditor starts living with a person with whom he will live together after the divorce, the alimony ends automatically.
If the alimony creditor leads an immoral life after the divorce, the alimony alimony may be abolished.
In order for alimony to be revoked, the alimony debtor must file a lawsuit with the family court. In the petition, the reasons for the removal of alimony must be clearly stated. After reviewing the evidence, the court decides whether the alimony will be abolished or not.
Some important points regarding the abolition of alimony:
The lawsuit for alimony removal can be filed after the divorce decision is finalized.
There is no time period to file a lawsuit for removal of alimony.
Parties may be represented by a lawyer in the alimony abolition case.
In the case of alimony removal, the court decides by taking into account the material and moral situations of both parties.
