Introduction

Can a spouse at fault in divorce receive alimony? This study has been prepared to analyze the conditions for poverty alimony within the framework of the Turkish Civil Code (TMK) and the established precedents of the Court of Cassation. The examined court decisions thoroughly reveal the legal basis of poverty alimony, the judicial interpretation of the “poverty” concept, the effect of fault, the impact of incomes such as minimum wage on alimony rights, and the purpose of alimony. The study addresses these elements systematically, offering a holistic perspective on the subject.

1. Alimony Legal Conditions and Judicial Practice

In all examined decisions, the basic framework of poverty alimony is outlined by Article 175 of the Turkish Civil Code (TMK): “The party who will fall into poverty due to divorce may demand alimony indefinitely from the other party, in proportion to their financial capacity, provided that their fault is not greater. The fault of the obligor of alimony is not sought.” (Court of Cassation GCA, 2022/150 E., 2023/406 K.). Court decisions seek the presence of four fundamental elements in the application of this article:

Request: For alimony to be awarded, a request must absolutely exist (Yargıtay HGK, 2003/280 E., 2003/274 K.).

Falling into Poverty Due to Divorce: The party requesting alimony must fall into a state of poverty due to divorce, or face the risk of falling into such a state, which they would not have fallen into had the divorce not occurred. This condition is the most fundamental element of alimony. Courts must conduct a comprehensive investigation into the parties’ income and assets to determine this situation (Yargıtay 2. HD, 2024/252 E., 2024/1159 K.). The assessment of the state of poverty is made as of the moment the divorce decree becomes final (Yargıtay 2. HD, 2023/9137 E., 2023/6314 K.).

Not Being More At Fault: It is a condition that the requesting party, in the events leading to the divorce, be faultless or that their fault is not greater than that of the other spouse. Even in cases of equal fault, alimony may be awarded. However, the party who is entirely or heavily at fault in the divorce cannot receive alimony, even if other conditions are met (Yargıtay HGK, 2017/1006 E., 2019/1132 K.).

Financial Capacity of the Alimony Obligor: Alimony is determined in proportion to the financial capacity of the obligor. Therefore, the party who will pay alimony must also have the economic capacity to cover this alimony (Yargıtay HGK, 2020/28 E., 2022/1392 K.).

2. “Poverty” Concept Evaluation and the Effect of Income

The Court of Cassation does not tie the concept of poverty to a static income level. Poverty, “should be assessed by evaluating the parties’ social and economic situations and lifestyles, along with the economic conditions of the day.“ (Court of Cassation 3rd Civil Chamber, 2013/3138 E., 2013/4994 K.). This dynamic approach gains importance, especially in the case of individuals working for minimum wage.

According to the established view of the Court of Cassation, “having an income at the minimum wage level is not considered a fact that renders the granting of alimony impossible” (Court of Cassation General Assembly of Civil Chambers, 2017/1036 E., 2019/1147 K.). This is because the minimum wage is barely sufficient to meet a person’s basic needs and is not considered adequate to maintain the standard of living during the marriage or to completely lift the person out of poverty. However, in some decisions, it is observed that a party with a minimum wage income and no additional expenses like rent is concluded not to fall into poverty (Court of Cassation General Assembly of Civil Chambers, 2017/2671 E., 2021/808 K.). This situation indicates that each concrete case should be evaluated within its own specific circumstances. Similarly, working in temporary jobs or the presence of additional income such as an orphan’s pension does not necessitate the complete termination of alimony but can be accepted as a factor in reducing its amount (Court of Cassation 3rd Civil Chamber, 2015/9825 E., 2015/13574 K.; Court of Cassation General Assembly of Civil Chambers, 2017/1025 E., 2019/1135 K.).

3. Duration, Amount, and Method of Payment of Alimony for Indigence

According to Article 175 of the Turkish Civil Code (TMK), alimony for indigence is, as a rule, “indefinite”. The court’s limitation of alimony to a specific period is found to be erroneous (Supreme Court 2nd Civil Chamber, 2024/7203 E., 2025/3258 K.). Alimony terminates in cases specified in Article 176 of the TMK (remarriage, death of one of the parties, cessation of indigence, etc.) .

When determining the amount of alimony, the principle of equity outlined in Article 4 of the TMK is observed. The social and economic statuses of the parties, their needs, and the obligor’s ability to pay are evaluated as a whole.

Judicial decisions emphasize that courts are granted discretionary power regarding the method of alimony payment. According to Article 176 of the TMK, alimony can be paid as a monthly annuity or as a lump sum. Courts should also consider the lump sum payment option, taking into account factors such as “the economic and social statuses of the parties, the duration of the marriage and their ages, the absence of common children, and the principle of equity” . Failure to evaluate this aspect is considered a ground for reversal by the Supreme Court (Supreme Court 2nd Civil Chamber, 2023/9752 E., 2024/6014 K.).

Conclusion

Alimony (poverty alimony), in light of judicial decisions, is an institution shaped by Supreme Court precedents and based on the principle of equity, in addition to the legal conditions specified in Article 175 of the Turkish Civil Code (TMK). For alimony to be awarded, the demanding party must fall into poverty due to divorce, their fault must not be greater, and the alimony obligor must have financial capacity. The concept of poverty is determined by the judge based on the specific characteristics of each case, the social and economic situations of the parties, and current conditions. Having a regular income, such as working for minimum wage, is not considered a sufficient reason to reject an alimony claim alone, but it plays an important role in determining the amount of alimony. Courts are obliged to conduct a comprehensive investigation when evaluating these conditions and to also make an assessment regarding the form of alimony payment (periodic or lump sum). An article suggestion.

Why is Expert Divorce Lawyer Support Necessary?

Alimony (poverty alimony) is a highly complex issue with both legal and economic dimensions.
Determining fault, investigating income status, presenting evidence correctly, and accurately interpreting judicial precedents can often lead to erroneous results without the support of an experienced divorce lawyer.

In courts handling divorce cases in Istanbul, especially in regions such as Tuzla, Pendik, Tepeören, Maltepe, Kartal, Çayırova, and Gebze, expert support is of great importance due to the unique characteristics of each case.
An **Istanbul divorce lawyer** or **Tuzla divorce lawyer**, by following both local court practices and current **Supreme Court precedents**, ensures that claims for spousal support are properly managed.

Therefore, to avoid losing rights during the divorce process, to ensure the correct determination of the alimony amount, and to conduct the process in a legally compliant manner, working with an expert divorce lawyer is of great importance.
As 2M Law Office, we provide professional legal support in the fields of **alimony cases**, **asset division**, **custody**, and **divorce process consultancy**, primarily in Istanbul’s Anatolian side, including Tuzla, Pendik, Kartal, Gebze, and their surroundings.