Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
When a marriage dissolves, financial arrangements often become a significant point of contention. Maintenance, also known as alimony or spousal support, serves as a critical mechanism to ensure financial stability for both parties.
The concept of maintenance can seem hard or unfamiliar. However, understanding its purpose and the rights it secures for individuals can illuminate this aspect of divorce. Maintenance is not merely a financial obligation; it is a legal tool aimed at addressing disparities and ensuring that neither party suffers undue hardship due to the dissolution of a marriage.
If the necessary conditions are met after the divorce case is filed, maintenance may be ordered for the woman in need of financial assistance. However, it is not necessary for the divorce case to end for maintenance to be ordered. Judge may temporarily order maintenance during the lawsuit.
There are 3 different types of maintenance:
Temporary maintenance (alimony) is regulated to provide financial relief to a spouse during the legal process of divorce. Family Courts assess factors such as income, standard of living and financial needs to determine the amount.
The purpose of temporary alimony is to stabilize the finances of the less economically independent spouse while divorce proceedings are ongoing. This ensures that both parties can maintain a reasonable standard of living during this often turbulent period. It also prevents either spouse from using their financial advantage to gain an unfair advantage during negotiations.
Securing temporary maintenance usually requires detailed financial disclosures and a clear understanding of the legal framework. Presenting the right documents accompanied by a lawyer can significantly strengthen your case and ensure a fair interim arrangement until a final decision is made.
After the divorce is finalized, post-divorce maintenance comes into play. This alimony can be rehabilitative (short-term), permanent or in the form of a collective payment. The amount of alimony varies according to the criteria used by the courts (e.g. length of marriage, earning capacities and household contributions). Understanding the criteria can give you strength during negotiations or court proceedings.
Maintenance after divorce aims to address long-term financial inequalities arising from marriage. For example, a spouse who has given up career opportunities to provide for the household may need financial assistance to regain independence. Courts often consider factors such as the age and health of the couples, as well as their ability to be self-sufficient.
In some cases, rehabilitative maintenance is preferred, giving the recipient time to acquire the skills necessary for education or financial independence. On the other hand, permanent alimony may be imposed in cases involving long marriages or significant disparities in earning potential.
The duration of maintenance varies primarily the type of maintenance ordered and the circumstances surrounding the divorce. Temporary maintenance lasts until the case is concluded, while permanent maintenance can continue for years or until certain conditions change. This provides financial stability for the less advantaged spouse while the legal process is ongoing.
However, as a general rule, alimony is granted indefinitely. In the face of changing circumstances, it is possible to remove, reduce or increase alimony by applying to the court.
Post-divorce maintenance, often referred to as “poverty alimony”, is usually granted for an indefinite period of time, unless circumstances change. The Turkish Civil Code allows for the modification or termination of alimony if the maintenance recipient remarries, obtains a fixed income, or if the financial situation of the alimony payer significantly deteriorates. In practice, courts may periodically review the arrangement to ensure fairness.
In some cases, particularly if the marriage was short-lived, courts may award maintenance for a fixed period of time in order to give the alimony recipient time to gain financial independence. However, in long-term marriages where one party has made significant economic sacrifices, maintenance may be awarded for a longer period of time to reflect the contributions made during the marriage.
The determination of the amount of maintenance varies considerably depending on the specific circumstances of each case. In Turkey, courts consider several key factors, including:
The overriding objective is to balance equality and prevent one party from falling into undue financial hardship.
Usually, courts ask for detailed financial documents to assess the income and expenses of both spouses. This includes payslips, tax records and evidence of regular expenses. If one spouse has significantly higher earning potential or income, the court may award an alimony amount sufficient to close the financial gap and ensure a fair standard of living for the recipient.
In addition to income inequality, courts may also consider the length of marriage. Longer marriages generally result in higher alimony awards, reflecting the greater economic interdependence that develops over time. Conversely, shorter marriages can lead to more modest amounts.
Whether you are seeking alimony or facing a claim, understanding the legal principles and practical considerations is crucial. Seek professional legal advice to tailor your strategy to your unique circumstances and achieve a fair outcome. Divorce can be the end of a marriage, but with the right approach, it doesn’t have to mean financial uncertainty.
The key to successfully navigating alimony is preparation and knowledge. Familiarizing yourself with the relevant laws, gathering the appropriate documentation and consulting with experienced legal professionals can make a significant difference. By approaching the process with clarity and confidence, you can protect your financial future and move forward with greater assurance.
Remember, maintenance is not just about financial support; it is also a way to rebuild stability and independence. Contact me for more information.
