TYPES AND CONDITIONS OF DIVORCE AWARD
Divorce compensation, another important aspect of the divorce process, is known as divorce award. Divorce compensation refers to a party making a financial payment to the other party. This payment can be made to maintain the standard of living after divorce, to compensate for emotional damages caused by the guilty party during the divorce process, or to compensate for financial losses incurred.
Divorce compensation (also known as separation compensation or material and moral compensation) signifies the demand of the aggrieved spouse for financial or emotional redress from the other spouse following the termination of the marriage.
The amount of divorce award is determined by considering factors such as the efforts and sacrifices made by the aggrieved spouse during the marriage, potential future financial losses, or a decrease in the standard of living. The court assesses the parties’ economic situation, income disparity, retirement or career opportunities, and other relevant factors to determine the amount of divorce compensation.
Divorce award can be determined during the divorce proceedings or after the divorce decision. The amount and duration of compensation may vary based on the parties’ pre-divorce standard of living, the duration of the marriage, the financial contributions made during the marriage, and other factors.
The compensation is typically a one-time payment and is often settled in cash or through the division of assets. The amount and method of payment may vary depending on the agreements between the parties or the court’s decision.
Divorce compensation may only be available in certain legal systems, and different countries, states, or regions may have different legal regulations. Therefore, it is important to consult local laws and seek legal advice.
There are two types of divorce award: financial compensation and moral compensation.
a) Financial Compensation
Financial compensation is regulated in Article 172/1 of the Civil Code. The party seeking financial compensation must have less or no fault in the cause of divorce. In other words, it is not appropriate to demand compensation from the party whose fault does not cause the divorce in Turkey.
The plaintiff must have an existing or anticipated interest that has been damaged. The court considers the social and economic conditions of the parties, and an appropriate compensation amount is determined by taking into account their fault. The compensation case can also be seen separately from the divorce case and can be paid in wholesale or as an annuity.
b) Moral Compensation
Moral compensation is explained in Article 174/2 of the Civil Code, and it is expressed as “The party whose personal rights have been attacked due to the events leading to the divorce may request the payment of an appropriate amount of money as moral compensation from the defective party.” The compensation determined by the judge can be paid all at once, and it is not possible to decide to pay in the form of an annuity. It is possible to request it separately from the divorce case.
SPOUSEL SUPPORT IN TURKEY
Spousel support is a legal obligation to provide financial support to a spouse or child after a divorce. Spousel support can be requested by either spouse, but the conditions and criteria for determining the amount and duration of alimony may vary depending on the specific circumstances of the case. The court considers factors such as the income, financial status, and earning capacity of the parties, the length of the marriage, and the age and health status of the parties and their children when deciding onsupport claims.
In conclusion, the financial consequences of divorce involve various regulations that aim to ensure fairness and justice for both parties. A thorough understanding of the Civil Code, relevant laws, and court decisions is essential for lawyers to guide their clients effectively in divorce cases.
TYPES OF ALIMONY IN TURKEY
During the divorce process, the economically weaker spouse may be required to make financial support payments to the other spouse for post-divorce financial assistance. This financial support is referred to as spousel support and can take different forms.
Permanent alimony is one of the types of alimony in Turkey and it is applied as a continuous payment without a specified time limit, while temporary alimony is limited to a specific period. Child support, on the other hand, is a type of financial support paid to meet the needs of children. Additionally, temporary alimony may be applicable during the ongoing divorce process.
The types of alimony in Turkey are determined based on factors such as the parties’ income status, living standards, the presence of children, and other relevant factors. Since different countries and legal systems have different alimony regulations, it is important to consult local laws and seek legal advice regarding alimony.
The determination of alimony can occur during the divorce decision or after the divorce. The financial situation of the parties after divorce, the living standards of the children, their employment status, ages, and other factors can influence the amount and duration of alimony.
The types of alimony in Turkey are specified in the Civil Code. These include:
a) Temporary Alimony:
During the divorce proceedings, one spouse may demand temporary support from the other. This is regulated in Article 169 of the Civil Code, as spouses still have responsibilities towards each other during the divorce process. The judge may make an interim decision on the implementation of alimony until the divorce is finalized, taking into account the social and economic conditions of the parties involved. The amount of alimony is determined based on the financial strength of the party from which alimony is requested.
b) Child Support:
The court can make a Child Support decision with or without a request. Although the parent who has custody of the child is responsible for their care, the other party must contribute to these costs in proportion to their financial power. The amount of child support is determined by taking into account the financial strength of the party who has to pay alimony. Child support starts to be paid as soon as the decision becomes final and continues until the child reaches adulthood. If the party required to pay child support is unable to work or has no income, then no child support will be awarded.
c) Divorce Alimony:
Both men and women can demand alimony in Turkey, which can be requested during the divorce proceedings or with a separate lawsuit. The requesting party must have no or fewer faults. The party who will fall into poverty due to divorce may request indefinite alimony for their livelihood, provided that their fault is not more severe. The amount of alimony must be proportional to the financial strength of the payer and can be paid in bulk or at regular intervals. The statute of limitations for litigation rights arising from the dissolution of marriage due to divorce is one year after the finalization of the divorce decision, according to Article 178 of the Civil Code.
PROCESS OF DIVORCE AWARD AND ALIMONY CASES
During the divorce process, economic and social issues play a significant role as the marriage comes to an end. Divorce settlements and spousel support cases are important steps to compensate for post-divorce grievances and restore economic balance. Divorce settlement refers to the claim made by a spouse who has contributed labor and suffered economic disadvantage during the marriage, seeking financial or emotional compensation from the other spouse. This settlement is calculated fairly based on factors determined by the court.
Alimony cases, on the other hand, involve the financially weaker spouse seeking financial support from the more financially stable spouse after the divorce. The amount of divorce alimony in Turkey is determined by the court based on factors such as the parties’ income status, living standards, and the presence of children.
Divorce settlements cases may require a legal process to find a fair resolution during the divorce proceedings, and seeking legal assistance is important to protect the rights of the parties involved. Divorce cases are subject to strict procedural rules as they concern public order.
a. Jurisdiction
The court responsible for dealing with divorce compensation and alimony claims during a divorce case is the Family Court. If there is no Family Court, the assigned Civil Court of First Instance will handle the case.
b. Competent Court:
If alimony or divorce award is requested while the divorce case is pending, the court authorized to deal with the divorce case is the competent court. However, if they are claimed in a separate lawsuit after the divorce case, the Family Court in the place of residence of the spousel support or divorce compensation creditor becomes the competent court.
As mentioned above, non-pecuniary damages cannot be paid at regular intervals. Other types of compensation and alimony paid in the form of an annuity can be requested after the court to increase or decrease them. An evaluation is made according to fairness, and the right reasons are investigated. On the other hand, within the scope of Article 176/5 of the Civil Code, it is possible to determine in advance the amount of future payments to be made. In this case, it is not possible to request a change for the conditions that have changed later.
TERMINATION OF SPOUSEL SUPPORT AND DIVORCE ALIMONY IN TURKEY
Termination of divorce alimony in Turkey refers to the end of the payment, which can be based on a certain period or condition, after divorce. Spousel support payments usually continue for a specific period of time and this period is determined based on the conditions stated in the divorce decree and the parties’ living conditions.
Some conditions for termination of alimony are:
- Expiration of the Period: Alimony payment continues for the period determined in the divorce decree. When this period ends, the payment also ends.
- Remarriage of the Recipient: Alimony payment ends if the recipient remarries. When the recipient remarries, they have a new spouse to provide financial support, so alimony payments stop.
- Self-Sufficiency of the Recipient: Alimony payment ends when the recipient becomes self-sufficient. In this case, when the recipient finds a job or their financial situation improves, spousel support in Turkey can end.
- Death of the Recipient: Alimony payment ends when the recipient dies.
- Changes in Alimony Payment Conditions: Alimony payment conditions can change after divorce. In this case, divorce alimony payments may end or payment conditions may change.
- Termination by Request: Termination of alimony may be decided upon request in exceptional cases such as misuse of a right, leading a dishonorable life, etc.
In summary, spousel support payments end based on a certain period or condition. These conditions are determined based on the conditions stated in the divorce decree and the parties’ living conditions. Termination of alimony in Turkey can be due to changes in the parties’ financial situations and in such cases, they may need to consult with their lawyers.
