The dissolution of a marriage union is a challenging process both financially and spiritually. In this process, meeting the financial needs of spouses and children, if any, is important for a temporary solution. Precautionary alimony is a type of temporary alimony determined by the court while a divorce or separation case is filed in order to meet this need.
Precautionary alimony is regulated in Article 169 of the Turkish Civil Code (TMK) No. 4721. According to this article, when a divorce or separation case is filed, the judge will, ex officio, take temporary measures regarding the livelihood of the spouses and the care and protection of the children during the continuation of the case.
Precautionary alimony aims to protect the spouse who will fall into poverty. For this reason, the decision is made in favor of the spouse whose financial situation is weak, without any investigation of fault.
Precautionary alimony is determined in an amount sufficient to meet the needs of the alimony creditor. In determining the amount of alimony, the judge takes into consideration criteria such as the financial situation of the spouses, their joint standard of living, duration of marriage, their age, health status, and the needs of the children, if any.
Precautionary alimony begins to be paid from the date of filing for divorce. The case continues until it is concluded. Precautionary alimony ends with the finalized divorce decision. However, in some cases, alimony may be requested in favor of the spouse who will fall into poverty after the divorce decision is finalized.
Precautionary alimony must be paid regularly by the alimony debtor. If payment is not made, the alimony creditor may initiate enforcement proceedings and ensure the collection of alimony.
It is important to consult a lawyer for any questions you may have regarding temporary alimony.
It would be useful for you to consider the following points about temporary alimony:
Precautionary alimony can be requested not only in the divorce case, but also in the separation case.
Precautionary alimony can also be determined by a written agreement between the spouses.
Precautionary alimony can be changed at any time until the case is concluded.
Precautionary alimony ends with the death of the alimony debtor.