Alimony is a family law institution that requires one spouse to provide financial support to the other after divorce. Two types of alimony are foreseen in the Turkish Civil Code (TMK):
• Poverty Alimony: It is the alimony ordered to ensure the livelihood of the spouse who will fall into poverty after the divorce.
• Participation Alimony: It is alimony that enables the spouse whose financial situation has deteriorated due to the breakup of the marriage union to receive a share of his ex-spouse’s income.
Indefinite Alimony is a type of poverty alimony and is the alimony ordered to provide lifelong support for the spouse who will fall into poverty after the divorce. According to TMK Article 175, in order to request indefinite alimony, the following conditions must be met:
• Not being more at fault in the divorce: If the spouses are equally at fault or faultless, or the spouse who is less at fault in the divorce, can request indefinite alimony.
• The marriage union must have lasted for a long time: The marriage must have lasted at least 10 years.
• If the property regime has changed during the marriage: If the property regime during the marriage is a joint property regime or if the spouses are in a separate property regime and one of the spouses has made profit from the other’s property, indefinite alimony may be requested.
• Risk of poverty: There must be a risk of falling into poverty after divorce.
Indefinite Alimony Practices in Foreign Countries:
Indefinite alimony practices vary depending on the family law systems of the countries. While indefinite alimony is common in some countries, this practice is more limited in some countries.
• France: Indefinite alimony is common in France. The spouse who will fall into poverty after the divorce may request alimony for life.
• Germany: In Germany, the application of indefinite alimony is more limited. The duration of alimony is determined according to the duration of the marriage and the financial situation of the spouses.
• United States: In the United States, indefinite alimony practices vary by state. While indefinite alimony is common in some states, this practice is more limited in some states.