Introduction

This study, addressing the question “Who receives alimony/maintenance, in what amount, and for what durations?”, has been prepared with the aim of analyzing to whom, how much, and for how long the institution of “alimony/maintenance” is granted in the Turkish legal system, based on summaries of decisions from the Court of Cassation and Regional Courts of Justice. The examined decisions reveal the distinctions between different types of alimony/maintenance, namely alimony for destitution, child support, provisional maintenance, and assistance maintenance; the principles observed when ruling on these types of maintenance; and important procedural details in practice. The study aims to provide a comprehensive legal perspective on the subject by systematically presenting the findings obtained from these decisions.

1. Types and Scope of Alimony/Maintenance

The examined decisions focus on four main types of alimony/maintenance:

Poverty Alimony: It is awarded in favor of the party who will fall into indigence due to divorce. It is generally granted to the less faulty spouse in the divorce, proportional to the financial capacity of the other spouse. In the decision numbered 2025/4959 of the 2nd Civil Chamber of the Court of Cassation, it was stated that alimony for indigence can be indefinite in the form of monthly income, as well as being decided as a lump-sum payment. However, the same decision emphasized that limiting the alimony to a time period like a “two-year term” when deciding on a lump-sum payment is not in accordance with the law, it must be awarded indefinitely and as a one-time payment after the amount is determined.

Child Support Alimony: It is the contribution of the spouse who is not granted custody rights, proportional to their financial capacity, to the child’s care and education expenses. In decision numbered 2012/3553 of the 12th Civil Chamber of the Court of Cassation, an important distinction was drawn: “The recipient of this alimony is not the common child, but the spouse to whom custody rights are granted.“ When determining the alimony amount, as stated in the decision numbered 2020/133 of the General Assembly of Civil Chambers, all expenses of the child, such as food, clothing, housing, health, education, and pocket money, are taken into account. As a rule, it ends when the child reaches adulthood (Gaziantep Regional Court of Appeals 2nd Civil Chamber, 2017/515).

Interim Alimony/Maintenance (Tedbir Nafakası): When a divorce case is filed, the judge must, of their own accord, take a precautionary measure to meet the needs of the spouses and children, such as their livelihood and housing, during the continuation of the case (Court of Cassation 2nd Civil Chamber, 2012/30839). In the decision numbered 2014/8660 of the Court of Cassation 3rd Civil Chamber, the nature of this alimony is clearly stated: “alimony to be awarded to the plaintiff spouse while the marriage union continues is in the nature of interim alimony.” This alimony continues from the date the case is filed until the judgment becomes final.

Support Alimony/Maintenance (Yardım Nafakası): According to Article 364 of the Turkish Civil Code, “everyone is obliged to provide alimony to their descendants who would fall into poverty if not assisted” (Court of Cassation 3rd Civil Chamber, 2015/9650). In court decisions, this type of alimony/maintenance primarily arises for adult children whose education is ongoing. In the decision numbered 2015/5976 of the Court of Cassation 3rd Civil Chamber, it is stated that “if a child, even though an adult, continues their education, the parents are obliged to care for the child until their education ends, to the extent that can be expected from them given the circumstances and conditions,” thereby linking the duration of alimony to the period of education.

2. Determination of Alimony/Maintenance Amount and Procedural Matters

Determination Criteria: The judge cannot act arbitrarily when determining the amount of alimony/maintenance. Court of Cassation decisions consistently emphasize that the child’s age, educational status, needs, the purchasing power of money, and the living conditions and ability to pay of both parents must be evaluated as a whole (Court of Cassation 3rd Civil Chamber, 2014/14520; Court of Cassation General Assembly of Civil Chambers, 2014/101).

Start Date: The Court of Cassation states that alimony cases are “in the nature of determining and collecting a claim arising from law” and therefore “will take effect from the date the lawsuit was filed” (Court of Cassation 3rd Civil Chamber, 2015/2242; Court of Cassation 3rd Civil Chamber, 2015/2540). If courts determine a later date contrary to this rule, it is considered a reason for reversal or approval after correction.

Set-off of Payments: Another frequently encountered issue in decisions is whether payments made by the alimony debtor should be deducted from the debt. According to the established jurisprudence of the Court of Cassation 12th Civil Chamber, even if there is no “alimony” explanation on the payment document, payments made by a debtor with an ongoing alimony obligation should primarily be set off against the alimony debt. A contrary interpretation, according to the Court of Cassation, “constitutes excessive formalism and leads to loss of rights” (Court of Cassation 12th Civil Chamber, 2011/29416; Court of Cassation 12th Civil Chamber, 2012/3901). This principle aims to protect the debtor due to fairness.

Conclusion

The judicial decisions reviewed indicate that the institution of alimony is not limited to a single definition; it has different types serving different purposes, namely alimony for indigence (yoksulluk nafakası), child support (iştirak nafakası), interim alimony (tedbir nafakası), and support alimony (yardım nafakası). To whom alimony will be awarded depends on the type of alimony requested. The amount and duration are determined by the judge within the specific circumstances of each case, framed by the general principles stated in the law (need, ability to pay, equity). Judicial decisions clearly demonstrate that alimony is not a static debt, its amount can be redetermined in parallel with changing life circumstances, and there are established precedents upholding equity in procedural matters such as the commencement of payments and their offsetting. A paper suggestion.

Why is Tuzla Lawyer Support Necessary?

Alimony cases involve many procedural and substantive legal issues, not only determining the amount but also correctly identifying the type of alimony, setting its duration, legally establishing the start date, and properly offsetting payments made. When Supreme Court and Regional Court of Appeals decisions are examined, it is seen that even a minor procedural error can lead to the loss of rights or the dismissal of the case.

Receiving professional legal support from a lawyer practicing in Tuzla is of great importance in the following aspects:

Correct Determination of Alimony Type: The correct determination of which type of alimony (alimony for indigence, child support, interim alimony, or support) can be entitled to, and the preparation of the petition within this framework, is essential. Filing a lawsuit based on the wrong type of alimony may result in the dismissal of the claim.

Equity in Amount and Duration Calculations: The lawyer collects and presents the necessary evidence for the fair and legal determination of the alimony amount, in light of Supreme Court precedents.

Prevention of Procedural Errors: An error made in matters such as the start date, the offset of payment documents, or the compliance of time limitations with the law, can lead to a loss of rights.

Objection and Appeal Processes: The deadlines and grounds for appeal or cassation applications against the first instance court’s decision must be meticulously prepared by an expert lawyer.

Local Practice Knowledge: A lawyer who knows the practice of the courts in Tuzla can ensure a more effective and faster conduct of the case.

In short, alimony cases require technical knowledge, careful procedural follow-up, and strong evidence management. Therefore, working with an experienced Tuzla lawyer in the field from the beginning of the process in regions such as Istanbul, Tuzla lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, Gebze lawyer, Aydınlı lawyer, Orhanlı lawyer, Tepeören lawyer, Darıca lawyer, Bayramoğlu lawyer, or Çayırova lawyer, Şekerpınar lawyer, Güzelyalı lawyer, is critically important for both preventing loss of rights and achieving the best outcome.