Types of Alimony and Their Assessment — Interim, Contribution and Poverty Alimony

We examine the types of interim, contribution and poverty alimony, the criteria for their assessment, actions to increase or reduce alimony, and the position where alimony is not paid.

What Is Alimony and How Many Types Are There in Turkish Law?

Alimony is a monetary contribution, determined by court order and usually paid monthly, to provide for a person's subsistence. The Turkish Civil Code provides for four basic types: interim alimony, poverty alimony, contribution alimony and support alimony.

Alimony law is one of the most frequently disputed areas of family law. Preserving the economic balance between the parties during and after a divorce, and meeting the maintenance and education costs of children, are the fundamental purposes of the institution. Each type of alimony has its own statutory basis, conditions and duration.

What Is Interim Alimony and Who May Claim It?

Interim alimony is a temporary form of alimony that the court awards under TMK Art. 169, of its own motion or upon request, when a divorce or separation action is brought, and that applies throughout the proceedings. Fault is not required for interim alimony, and it may be awarded both for a spouse and for the children of the marriage.

Interim alimony takes effect from the date the action is brought and continues until the divorce judgment becomes final. Once it becomes final, interim alimony ends and poverty alimony and contribution alimony arise in its place. In fixing the amount, the court takes account of the parties' economic and social circumstances.

A claim for interim alimony may be advanced in the divorce statement of claim or by a separate petition during the proceedings. The court may award interim alimony under TMK Art. 169 of its own motion even where no request has been made. This is intended to protect the spouse and children in need of alimony.

What Is Poverty Alimony and When Is It Awarded?

Poverty alimony is the type of alimony that, under TMK Art. 175, a party who will fall into poverty because of the divorce may claim from the other party without limit of time, in proportion to that party's financial means, provided they are not more at fault. It begins when the divorce judgment becomes final and continues until one of the statutory grounds of termination occurs.

The following conditions must be met together for poverty alimony to be awarded:

Falling into poverty: under TMK Art. 175 the party claiming alimony must be at risk of falling into poverty because of the divorce. The assessment rests not on the minimum wage or a single item of income but on all the facts as to income, assets, necessary expenditure and capacity to work.
Fault: the fault of the spouse claiming alimony must not be graver than that of the alimony debtor. Poverty alimony may be claimed even where fault is equal.
Requirement of a claim: poverty alimony is not awarded of the court's own motion; a claim is required. If it was not sought in the divorce action, a separate claim arising from the divorce becoming final is subject to a one-year limitation period under TMK Art. 178; that period is not a forfeiture period.

Termination of Poverty Alimony

Under TMK Art. 176/3, periodic poverty alimony terminates automatically upon the creditor's remarriage or the death of either party. Where the creditor lives as though married without remarrying, ceases to be in poverty, or leads a dishonourable life, the alimony is removed by court order. The facts in this second group do not terminate the alimony automatically.

Where the parties' financial circumstances change or equity so requires, an increase or reduction of the periodic payment may be sought. Remarriage, a change of job or a new maintenance obligation is not of itself an automatic ground for reduction; its effect on the ability to pay is examined concretely.

What Is Contribution Alimony and How Is It Determined?

Contribution alimony is the type of alimony that, under TMK Art. 182/2, the spouse not awarded custody pays after divorce in order to contribute, in proportion to their financial means, to the child's maintenance and education costs. It is determined having regard to the best interests of the child and continues until the child attains majority.

The following facts in particular are assessed together in determining contribution alimony:

The child's age and stage of education
The child's health and care needs
The economic circumstances of the custodial spouse and their actual contribution in caring for the child
The income, assets and other maintenance obligations of the alimony debtor
The child's living conditions before the divorce. Contribution alimony ends automatically when the child reaches the age of 18 (TMK Art. 11). Where the child is still in education, however, under TMK Art. 328/2 the parents' duty of maintenance continues until the education of the adult child ends. In that case the adult child may bring an alimony action in their own name.

How Is the Amount of Alimony Calculated?

Turkish law contains no fixed formula tying alimony to a percentage of income. Rates found online such as “20-30 per cent for a spouse” or “15-20 per cent per child” are not rules of law. The court assesses together the parties' actual and potential income, their assets, their necessary expenditure, the child's age, health and educational needs, their maintenance obligations, and equity.

Income is not confined to a payslip; bank records, tax and social security data, rental or commercial income, lifestyle and regular benefits in kind may also be examined. An economic investigation is not of itself binding. The child's maintenance costs are shared between the parents in proportion to their means; the custodial parent's actual care work is also significant in the assessment. A future increase may be linked in the judgment to a particular index published by the Turkish Statistical Institute. The consumer price index and the domestic producer price index are not the same; which index, period and starting month apply is determined by the operative part of the judgment. The current net payment, where there is any tax or deduction, must be calculated under the legislation in force at the date of payment.

How Is an Action to Increase or Reduce Alimony Brought?

Under TMK Art. 176/4, where the parties' financial circumstances change or equity so requires, an action may be brought to increase or reduce alimony ordered to be paid periodically. Such an action is brought before the family court by the alimony creditor or debtor.

Action to Increase Alimony

An alimony creditor may bring an action to increase alimony in the following situations:

The alimony has become insufficient to meet needs because of economic developments
The child's expenses have increased as they move up an educational stage
The creditor's health or care expenses have increased
The alimony debtor's ability to pay has increased significantly

Action to Reduce Alimony

An alimony debtor may bring an action to reduce alimony in the following situations:

The debtor's income has decreased significantly
The debtor has acquired new maintenance obligations that may be taken into account by law
The creditor has begun to earn a regular income
The creditor's needs have decreased significantly

Action to Remove Alimony

The consequences of the grounds in TMK Art. 176/3 differ from one another. The creditor's remarriage or the death of either party terminates periodic alimony automatically; where the creditor lives as though married, ceases to be in poverty or leads a dishonourable life, an order for removal must be sought from the court.

What Happens If Alimony Is Not Paid and What Remedies Are Available?

An alimony judgment, or a document having the force of a judgment, may be put to enforcement. Ongoing monthly alimony and accumulated arrears are not treated in the same way for the purposes of wage attachment and ranking. For current alimony, a deduction from wages may be sought to the extent of the sum awarded; for arrears, İİK Art. 83 and the rules on ranking apply in addition. The generalisation that “the whole of the alimony is always deducted from wages” is incorrect.

Coercive detention under İİK Art. 344 depends on a duly issued enforcement order, unpaid current alimony, the statutory complaint period and the other conditions. That sanction is not a conviction in the nature of a judicial fine or imprisonment; the mere existence of a debt does not automatically give rise to coercive detention. Payment of the debt produces the statutory consequence as regards execution.

What Is the Limitation Period in Alimony Cases?

A claim for poverty alimony arising from the divorce becoming final is subject to a one-year limitation period under TMK Art. 178. That period is not a forfeiture period; the plea of limitation and the rules on suspension and interruption are assessed on their own conditions.

For periodic alimony instalments awarded by judgment, the maturity date of each instalment and the rules on limitation in the enforcement of judgments are examined separately. Enforcement, payment, acknowledgment and other grounds of interruption may alter the outcome. For that reason no single starting date and no single limitation period can be assumed for all alimony debts; each head of claim is assessed separately.

What Are the Current Trends in Alimony?

For as long as TMK Art. 175 remains in force, poverty alimony may be claimed without limit of time; that provision does not mean that every award continues for life in the same amount. The conditions in TMK Art. 176 as to automatic termination, removal by court order and variation of the amount apply separately in every file. Unless an enactment has entered into force, debates about legislative change are not current law.

The amount of alimony and its increase are not tied to a fixed percentage. The court assesses the parties' economic and social circumstances, the child's specific needs, the ability to pay and equity. Where the judgment expressly sets out the consumer price index or another measure of increase, it is applied according to the operative part; the consumer price index and the domestic producer price index cannot be used interchangeably.

In contribution alimony the child's age, health and education costs and the parents' capacity to provide maintenance are assessed together. The custodial parent's employment does not of itself extinguish the other parent's duty to contribute to maintenance costs; its effect on the amount is determined by their actual income and expenditure.

What Is Support Alimony and Who May Claim It?

Under TMK Art. 364 everyone is obliged to provide alimony to their ascendants, descendants and siblings who would otherwise fall into poverty. Siblings' alimony obligation depends on their being in comfortable circumstances. The action is brought in the order of succession; the claimant's subsistence and the debtor's financial means are assessed together.

The parents' duty of maintenance while an adult child is still in education rests primarily on the special provision in TMK Art. 328/2. In practice this claim is also referred to as education alimony; its conditions should not be treated as entirely identical to those of the general support alimony in TMK Art. 364.

Frequently Asked Questions

How is the amount of alimony determined?

The amount is assessed by the judge equitably, having regard to criteria such as the parties' income and assets, their standard of living, the number of children and their age and state of health. There is no fixed formula.

Is poverty alimony indefinite?

TMK Art. 175 allows alimony to be claimed without limit of time; that does not mean every award continues unchanged for life. The rules on automatic termination on remarriage or death, and on removal by court order where the creditor lives as though married, ceases to be in poverty or leads a dishonourable life, apply.

Is imprisonment imposed for non-payment of alimony?

Under İİK Art. 344, coercive detention of up to three months may be applied upon complaint against a person who does not pay alimony. Coercive detention lapses upon payment of the debt.

When may an action to increase alimony be brought?

There is no time requirement for an action to increase alimony. It may be brought at any time when there has been a significant change in the parties' financial circumstances or equity so requires.

Until what age is contribution alimony paid?

Contribution alimony ends automatically when the child attains majority. If education continues, the duty of maintenance under TMK Art. 328/2 may continue; the adult child claims the necessary alimony in their own name. It should not be said that the earlier contribution alimony judgment continues automatically in the same form.

Can men receive alimony?

Yes; alimony in Turkish law is regulated without distinction as to sex. A husband who will fall into poverty and who is not more at fault may also claim poverty alimony.

Can alimony be claimed retrospectively?

Interim alimony in a divorce action as a rule takes effect from the date of the action; poverty alimony in the same judgment from the date the divorce becomes final. In a separate poverty alimony action brought after the divorce, the starting point is determined by the claim and the judgment. Since there are other bases, such as the measures in TMK Art. 197 where spouses live apart, the generalisation that “no period before the action may be claimed” is incorrect for all types of alimony.

This content is for general information purposes and does not constitute legal advice.

Official sources: Turkish Civil Code No. 4721, Enforcement and Bankruptcy Law No. 2004, Turkish Statistical Institute — Inflation and Prices