Can Alimony Be Obtained Without a Divorce Taking Place

The basis of Turkish society is the family. The family provisions of the Civil Code are on the maintenance of the marriage union. In order for a peaceful family life to continue, which is the cornerstone of a healthy society, certain responsibilities have been assigned to the spouses. Economic tasks are equivalent to tasks where the concept of ‘labor’ comes to the fore, such as doing household chores. Spouses participate in the obligations and expenses of the marriage union together with their labor and property assets at the rate of their power. However, in cases where one of the spouses with whom this balance is disturbed is under too much responsibility to the extent that it is not fair compared to the other, even if the spouses live in the same house, the judge may take an alimony measure without filing a divorce lawsuit against the spouse who does not fulfill his responsibilities – for example, does not provide financial support.

Alimony in the legal sense is a condition that obliges the victim’s spouse to receive financial assistance in order to earn a living. The court in charge is the family courts. The competent court is the court of the place of residence of one of the parties. If the place of residence of the spouses is different from each other and both have requested an injunction, the competent court is the court of the settlement of the first requester. In case of fulfillment of obligations arising from the marriage union in accordance with MK 195 or in case of a dispute on an important issue related to the marriage union, the spouses may request the intervention of the judge separately or together. As it is clear, for this it is necessary to have an official marriage. If it is an Imam’s wedding or an extramarital cohabitation, the spouses will not be able to take advantage of this provision and request child support as a precaution. However, although these people are not in favor of themselves, they will be able to request assistance on behalf of their common children under certain headings. In accordance with MK 196, upon the request of one of the spouses, the judge determines the monetary contribution that each of them will make for the livelihood of the family. The unrequited work of the spouse next to the other, caring for the children is evaluated in determining the amount of contribution. These contributions may be requested for the past 1 year and for future years. Based on this provision, it is important that a retrospective annual contribution can also be requested for the spouse who does not fulfill his duties.

In addition to requesting alimony without filing a divorce case, alimony may also be ruled as a precautionary measure if ‘cohabitation’ is Dec while the marriage union is in progress without filing a divorce case. But this state of separate living must be based on a justifiable reason. For example, if the personality of one of the spouses, his economic life, the peace of the family has been seriously endangered due to joint life, the spouse is considered to be the rightful cause, as if the other is being violent, cheating, not looking at home. In these cases, a claim for alimony is possible without filing for divorce. The principle of fairness should be the guide in determining the seriousness of the justified reason. (The woman who was kicked out of the house by her husband also has a rightful reason.) It is also possible to request alimony on their behalf if there are minor children underage next to the spouse. In other words, the request for alimony without filing a divorce case is possible not only for the spouse, but also for the joint children. If the spouse cannot prove that he is right to live separately, the judge rejects the alimony request. However, being unfair in living apart does not affect the child support to be given to the child. If the child is an adult, he cannot ask for alimony. If the spouse has been duly invited to the family residence to continue the marriage union, but has not arrived, he will not be able to ask for alimony for precautionary measures for subsequent dates. Alimony is also not ruled in favor of the spouse who establishes an extramarital relationship while the marital union continues. In order for the decision on alimony to be made before the divorce is filed, the spouses’ fault is not sought in the dissolution of the marriage union.

In order for one of the spouses to be able to pay alimony to the other without filing a divorce, he must be in a position to pay alimony. Their direct income and asset values are considered, and their economic strength is taken into account. A person who has enough financial strength to do paid military service is obliged to provide child support. If the husband is a soldier, if he has no property and income, I will not be burdened with alimony for the duration of my military service. The husband, who is mentally ill and does not work, is also not obliged. The judge determines the amount of alimony. This amount of alimony is sufficient for the spouses to lead a life suitable for the life they lead together while the marriage union continues. Wives are needed. Gender does not matter at this stage. It is calculated by the judge in Turkish lira. But their parties can agree on foreign currency. As a rule, it is paid in advance at the beginning of each month. It becomes valid from the date of the lawsuit and continues as long as the right to live separately remains. Interest on alimony cannot be executed from the date of the lawsuit. Alimony cases are also observed on judicial leave, their duration continues to function. If the spouse who is obliged to fulfill the decision on alimony does not fulfill it, enforcement proceedings may be initiated against him and a salary foreclosure may be requested, if he does not have a salary, if he has assets, if he has real estate records 3. receivables from persons can be settled. The beginning of this alimony is the date of the case. When it is decided later, the alimony goes back and becomes the subject of enforcement from the date of the case. In addition, a 3-month suspended sentence may be decided upon the complaint of the creditor about the debtor spouse who has not fulfilled the child support debt.

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