What is an Alimony Case? How to File?
In this article, we aim to present basic information in a brief and understandable manner about alimony lawsuits, which aim to protect spouses and children economically during or after the divorce process.
In practice, alimony is not a single type of lawsuit; it can appear in different types, namely temporary alimony, affiliation alimony, poverty alimony, and help alimony. Alimony requests can be put forward within the divorce case, or they can be the subject of a separate lawsuit in some cases.
In this context, the types of alimony, the conditions under which they can be requested, who can file the lawsuit, the competent court, the lawsuit process, and the most frequently asked questions in practice are discussed.
What is an alimony case?
An alimony lawsuit is a case filed for one person to provide financial support to another at certain periods, provided that the conditions stipulated in the law are met.
Alimony disputes are generally examined under four main headings:
- temporary alimony
- affiliation alimony
- poverty alimony
- help alimony
These lawsuits aim to:
- Support individuals who need to be protected economically.
- Contribute to the care and education expenses of children.
- Prevent grievances that may arise due to divorce.
These types of lawsuits are based on the provisions of the Turkish Civil Code.
What are the types of alimony?
The type of alimony requested in alimony lawsuits varies according to the characteristics of the concrete case.
Temporary Alimony
Temporary alimony is temporary alimony awarded to ensure the livelihood of the spouse or children while the divorce or separation case is ongoing.
It is generally requested:
- while the divorce case is ongoing
- if one of the spouses needs economic support
- in order to meet the care and expenses of the children
Affiliation Alimony
Affiliation alimony is the alimony paid by the parent who is not granted custody to contribute to the child’s care and education expenses.
It generally occurs:
- after divorce
- when custody remains with the other parent
- until the child becomes an adult
Poverty Alimony
Poverty alimony is alimony awarded in favor of the spouse who will fall into poverty due to divorce.
It can generally be requested:
- if economic grievance occurs as a result of divorce
- if the spouse requesting alimony is not more at fault (heavily at fault) than the other spouse
Help Alimony
Help alimony is alimony awarded in favor of close relatives who will fall into poverty if they are not helped.
In particular, it can come to the agenda between:
- parents and children
- siblings
In which situations is an alimony lawsuit filed?
This lawsuit is filed particularly in the following cases:
- need for economic support during the divorce case
- meeting the care and education expenses of joint children
- the spouse falling into poverty due to divorce
- close relatives needing care and livelihood support
- need to increase or decrease the existing alimony
- emergence of new situations requiring the removal of alimony
Who can file an alimony lawsuit?
This lawsuit can be filed by:
- spouses
- divorced spouses
- parent holding custody on behalf of the child
- persons who have the right to request help alimony
Against whom is an alimony lawsuit filed?
This lawsuit is filed against:
- the other spouse
- the divorced spouse
- the alimony obligor
- the close relative who is liable for help alimony
This case is an action for performance within the scope of contested jurisdiction.
What is the competent and authorized court in alimony lawsuits?
The competent court is the Family Court. In places where there is no Family Court, the Civil Court of First Instance, acting as the Family Court, is competent. The authorized court can be the court of the place of residence of one of the parties, or other authorized courts provided for in the law.
Is there a time limit for an alimony lawsuit?
The period to be applied in alimony cases may vary depending on the type of alimony and the nature of the request.
For example:
- Temporary alimony can be requested during the divorce case.
- Affiliation alimony can continue until the child becomes an adult.
- Poverty alimony can continue indefinitely under certain conditions.
- Lawsuits for increasing or decreasing alimony can be filed if conditions change.
Therefore, each concrete case must be evaluated separately.
What should be done before filing an alimony lawsuit?
Before filing a lawsuit, the following points are important:
- investigation of the economic and social status of the parties
- obtaining income documents
- determining the education and care expenses of children
- preparation of documents showing the need for alimony
- examination of existing alimony decisions
In this type of lawsuit, proof of economic status is of great importance.
How does the alimony lawsuit process proceed?
The lawsuit process generally consists of the following stages:
- A lawsuit is filed in the Family Court.
- Statements of the parties are taken.
- Economic and social status investigations are conducted.
- Witnesses are heard if necessary.
- Evidence is collected.
- The court evaluates whether the alimony conditions are met.
- Alimony can be awarded, or it can be decided to increase, decrease, or remove the existing alimony.
How long does an alimony lawsuit take?
Although the duration of the lawsuit varies depending on the characteristics of the concrete case, it is generally concluded between 1 and 2 years in practice. The number of parties, evidence status, and appeal processes may extend this period.
FREQUENTLY ASKED QUESTIONS ABOUT ALIMONY CASE
The information on this page has been prepared for general information purposes. Legal evaluations may differ depending on the characteristics of each case. It is important to obtain legal support for a case-specific evaluation regarding alimony claims, or the increase or removal of alimony.