What Is Poverty Alimony in Turkey?

Under Article 175 of the Civil Code, three conditions must be met for poverty alimony to be awarded: the requesting spouse must be falling into poverty as a result of the divorce, that spouse's fault must not be greater than the other spouse's, and the paying spouse must have the financial means to pay. The law does not require the paying spouse to be at fault — even a spouse without fault may be required to pay poverty alimony within their financial capacity.

Falling into poverty is assessed as being unable to meet a basic standard of living through one's own means. Where the requesting spouse has a regular and sufficient income or sufficient assets, this condition is not considered met; however, the Court of Cassation consistently accepts that an income at the level of the minimum wage does not by itself eliminate poverty. The assessment is based on the specific financial facts of each case. The alimony claim may be raised within the divorce case itself or, under Article 178 of the Civil Code, through a separate lawsuit within one year of the divorce judgment becoming final; after that period the claim is time-barred.

In setting the amount, the court considers both spouses' income, assets, social and economic standing, and standard of living. The court also takes care that the paying spouse retains enough income to meet their own basic needs; a reasonable balance is sought between the amount requested and the payer's financial capacity.

There is no fixed formula for calculating the amount; the judge exercises discretion based on income records, bank statements, and, where necessary, a social and economic status investigation report. Under Article 176 of the Civil Code, alimony is as a rule paid as a monthly allowance; a lump-sum payment may also be ordered by agreement of the parties or at the judge's discretion. The judge may set out in the judgment how the amount will change in future years (in practice, most often an annual increase at the producer price index rate published by the Turkish Statistical Institute).

Article 175 expressly uses the term "indefinitely," so unlike alimony for children, poverty alimony is not limited to a fixed period. Being indefinite, however, does not mean it can never be modified or terminated. A significant subsequent change in either party's financial circumstances may give grounds for a request to increase, reduce, or terminate the alimony.

Poverty alimony ends, either automatically or upon request, in certain circumstances set out by law:

• If the recipient spouse remarries, the alimony ends automatically.
• If the recipient spouse cohabits with another person as if married, without formally remarrying, termination of the alimony may be requested.
• If the recipient's poverty ceases, for example through obtaining a regular income, termination may be requested.
• The death of either party ends the alimony obligation.
• The recipient leading a dishonorable lifestyle may also be raised as grounds for termination.

Whether any of these circumstances exists is a separate matter to be assessed by the court based on concrete evidence.

Where a change in the parties' economic circumstances after the amount was set would produce an inequitable result, either party may file a case to increase or reduce the alimony. Such cases assess inflation, the rising cost of living, and each party's current income together.

How an increase or reduction case works is covered in our article on increasing or reducing alimony, and the full range of alimony types in what alimony is and its types.

Can a husband also receive poverty alimony? Yes. Article 175 of the Civil Code makes no distinction based on sex; a spouse who would fall into poverty as a result of the divorce and whose fault is not greater, whether a woman or a man, may claim alimony from the other spouse. Although poverty alimony awarded in favour of a husband is rare in practice, it is legally possible.

Can a spouse who waived alimony in an uncontested divorce protocol claim it later? As a rule, no. A spouse who waived the claim to poverty alimony in the protocol on which the divorce judgment was based cannot raise that claim again after the divorce becomes final; the Court of Cassation treats the waiver as binding. Where the protocol contains no provision at all on alimony, a separate lawsuit may be filed within the one-year period under Article 178.

Where is a poverty alimony lawsuit filed in İzmir? Alimony claimed together with the divorce is decided by the family court hearing that case; an alimony lawsuit filed after the divorce is heard, under Article 177 of the Civil Code, by the family court at the alimony creditor's place of residence: the İzmir Courthouse in Bayraklı for the central districts, and the Karşıyaka Courthouse for districts within its judicial district. For more comprehensive information on poverty alimony and the other financial consequences of divorce, you can review our İzmir alimony lawyer page; our office in Konak provides support in family law matters across İzmir.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy