As the financial results of the divorce case, material and moral compensation, child support, alimony ad interim, poverty alimony can be decided. In our previous article, we talked about the process of the divorce case. In this article, we will make explanations about these issues, which are perhaps the most curious about the divorce process.
First of all, it should be noted that in the case of an uncontested divorce, the parties can freely determine the amount of alimony in the protocol they will make. In a contested divorce case, the judge’s discretion will come into play because the parties have not agreed on alimony.
Due to its temporary nature and the fact that it can be requested during or before the divorce process, alimony ad interim (Temporary Alimony) differs from other types of alimony.
In the continuation of “separation lawsuits” or “divorce lawsuits” filed with a request for a break in living together; The judge may decide on alimony as a temporary measure to the party who will be financially weak, by investigating the assets and economic powers of the spouses, which are necessary and especially regarding the accommodation of the spouses, their livelihoods, the care and protection of children. It can be ordered ex officio by the judge or requested by the parties at any stage of the case.
In the provisional alimony for children; Although the child should not be a mature (18 Years old), the judge will base the benefits of the child in terms of health, education and morals. Unlike separation cases, the spouse requesting alimony does not need to prove living separately in the alimony demands during the divorce case. If the parties cannot agree on the amount of alimony, the amount is determined by the judge in accordance with the law and equity by investigating the economic and social conditions, assets, monthly income and expenses of the parties.
As a rule, alimony is decided as of the date of the lawsuit and it is decided to be paid in TL. It will automatically end with the finalization of the divorce case. Since the alimony receivable is a personal right, it will automatically expire in the event of the death of the alimony creditor. The heirs of the alimony creditor can only claim them if they have accumulated and unpaid alimony until the date of death.
In case of divorce, the child’s care expenses belong to the mother or father who has been given custody, but this does not end the obligation to participate in the care expenses of the other spouse, and the other spouse should participate in these expenses in proportion to their economical power.
The amount of child support is determined by considering the financial strength of the spouse to whom the child is left and the needs of the child. Child support, which starts to be paid with the finalization of the decision, ends when the child becomes an adult. However, if the child’s education continues even though he is an adult, the parents are obliged to take care of the child until the education ends, to a degree that can be expected from them according to the situation and conditions.
According to Article 175 of the Turkish Civil Code, the party that will fall into poverty due to divorce may request alimony from the other party indefinitely in proportion to its financial strength, provided that the fault is not more severe. In order for this alimony to be ruled, the spouse who will fall into poverty due to divorce must make a request.
If the judge decides that alimony is to be paid at regular intervals (Installments), it automatically disappears in case of remarriage of the spouse to whom alimony is decided or the death of one of the parties.
Alimony can be abolished by court decision if the alimony creditor lives as if he/she is actually married without getting married, the poverty disappears or he/she leads a dishonorable life. The spouse who left his/her job voluntarily while working under normal conditions cannot receive alimony!
It can be requested together with the divorce case, or a alimony case can be filed in the family court of the creditor’s settlement within 1 year from the finalization of the divorce decision.
** It should be emphasized here that people who receive poverty alimony or child support can file a lawsuit for alimony/child support increase if the amount of alimony/child support they receive is not sufficient. The increase in the needs of the alimony creditor in the face of the purchasing power of money, the inability of the current alimony to meet the expenses, and the positive changes in the economic power of the alimony debtor can be cited as reasons. Along with the request for alimony increase, it may be requested to determine the increase rate in the following years. The alimony raising lawsuit can be filed in the family court of the place where the alimony creditor resides at any time.
** Similarly, the spouse who is deprived of the ability to pay alimony, or those who claim that their ex-spouse has received alimony unjustly, can file a lawsuit for removal of alimony by citing these situations. This case must be filed in the family court of the place of residence of the alimony creditor.
The perfect or less faulty spouse whose current or expected interests have been damaged by the divorce may seek appropriate financial compensation from the other faulty spouse.
Current interest is not a benefit that has been provided or is being provided, but means some benefits that the faultless or less flawed party would provide in the future if the marriage had continued. It is not considered as an existing or expected benefit because of the divorce that the spouse leaves the university education in half by relying on marriage.
It is determined by the judge, taking into account the financial and social conditions of the parties and their degree of fault. It can be requested together with the divorce case, or it can be requested through a lawsuit within 1 year from the finalization of the divorce decision.
The spouse whose personality rights have been attacked due to the events leading to the divorce may request the payment of a suitable price as moral compensation from the other defective spouse in order to alleviate feelings such as pain, sorrow and grief. According to Article 176 of our Civil Code, it cannot be paid in the form of annuity (Installments), it must be paid at once.
As with the pecuniary compensation, it can be requested together with the divorce case, or it can be demanded through a lawsuit within 1 year from the finalization of the divorce decision.
It is very important to follow the divorce case and subsequent alimony and compensation cases through a lawyer in order to avoid loss of rights. You can contact us for information and assistance.