President Erdoğan gave instructions. New formulas are on the table for alimony regulation

Last June, the Constitutional Court (AYM) annulled by majority vote the regulation regarding the provision of indefinite alimony to the divorced spouse. After the decision, the Turkish Grand National Assembly (TBMM) was given 9 months for the regulation.

HOW IS ALMOST DEFINED IN THE CURRENT LAW?

There are several types of alimony in Türkiye that serve different purposes.

Some of these include alimony paid for the spouse, alimony paid for the child until he or she reaches adulthood, and alimony requested for other family members.

While the divorce case is ongoing, temporary alimony can also be applied to ensure that the economically weaker party and the children are not victimized. This type of alimony ends when the divorce becomes final.

If the spouse is not working, is taking care of the child and his/her income is significantly lower than the other's, precautionary alimony is applied during the case. Poverty alimony, which is the most paid spouse in Türkiye, is the subject of debate.

In order for the conditions for this alimony to be met, the spouse requesting alimony must be impoverished due to divorce. In addition, in the divorce, the other party must be less at fault than the other party and the other spouse must have the ability to pay. There is no year limit in the law for this type of alimony.

However, this does not mean that alimony will continue throughout life and under all circumstances. For example, if the person receiving the alimony remarries, the alimony ends automatically.

In addition, by court decision;

- Living as if you were actually married,

- Elimination of poverty,

- Earning regular income,

- Proving the allegation of a dishonorable life,

- Alimony is terminated in cases where the alimony obligor loses his ability to pay.

- In child support, child support is paid to the parent receiving custody until the child becomes an adult.

This type of alimony aims to contribute to the care, education, health and living expenses of the child who generally remains with the mother after the divorce.

Generally, it lasts until the child turns 18, and after that, if education continues, child support comes into question.