Conditions, Increase, Reduction and Termination of Spousal Maintenance - Çekmeköy Divorce Lawyer
Spousal maintenance is one of the financial rights that a spouse who will fall into poverty as a result of divorce may claim from the other spouse under certain conditions. Pursuant to Article 175 of the Turkish Civil Code, a party who will fall into poverty as a result of divorce may request maintenance for their livelihood from the other party in proportion to that party's financial capacity, provided that the requesting party is not more at fault. The law does not require the party liable for maintenance to be at fault.
Spousal maintenance is not an issue that must be considered only at the stage when the divorce judgment is rendered. Changes in the parties' economic and social circumstances after maintenance has been determined may give rise to requests for an increase, reduction or complete termination of maintenance. In addition, remarriage of the maintenance recipient, death of either party or the occurrence of other circumstances specified by law may directly affect the continuation of the maintenance obligation.
Therefore, in assessments concerning spousal maintenance, maintenance increase proceedings, maintenance reduction proceedings, termination of maintenance, Çekmeköy divorce lawyer, Çekmeköy family law lawyer and Istanbul divorce lawyer, the parties' current economic and social circumstances should be examined together with the divorce judgment.
What Is Spousal Maintenance?
Spousal maintenance is a type of maintenance that a spouse who will fall into poverty as a result of divorce may request from the other spouse in order to contribute to their livelihood.
The principal purpose of spousal maintenance is not to completely equalise the economic positions of former spouses after divorce. Its purpose is to provide economic support, in proportion to the other spouse's financial capacity, to a spouse who will be unable to meet their basic living expenses as a result of divorce and who satisfies the statutory conditions.
Therefore, spousal maintenance is not automatically awarded in every divorce case.
What Is the Legal Basis of Spousal Maintenance?
The principal legal basis of spousal maintenance is Article 175 of the Turkish Civil Code.
Under this provision, the party who will fall into poverty as a result of divorce must not be more at fault than the other spouse. The amount of maintenance is determined by taking the financial capacity of the party liable for maintenance into account.
The law further provides that the party liable for maintenance is not required to be at fault. Accordingly, a maintenance obligation should not be regarded merely as a sanction imposed on the spouse at fault in the divorce.
What Are the Conditions for Spousal Maintenance?
For spousal maintenance to be awarded, there must first be a valid divorce.
The spouse requesting maintenance must fall into poverty as a result of divorce, must not be more at fault than the other spouse and must make a request for maintenance.
In addition, the economic capacity of the other spouse is considered when determining the amount of maintenance.
Accordingly, examining only the economic circumstances of the spouse requesting maintenance is insufficient. The income, expenses, living conditions and economic capacities of both parties should be assessed together.
What Does Falling Into Poverty as a Result of Divorce Mean?
The concept of poverty does not necessarily mean that the person has absolutely no income.
The assessment concerns whether the person will be able to meet their basic and necessary living expenses following the divorce. Housing, food, healthcare, transportation and similar essential needs may be important in this assessment.
The fact that a person has a certain income does not by itself mean that they cannot claim spousal maintenance. The amount of that income and whether it is sufficient to meet the person's basic living expenses should be assessed in the specific case.
Can a Working Spouse Receive Spousal Maintenance?
The fact that a spouse is employed does not by itself eliminate a claim for spousal maintenance.
What matters is whether the income earned by the working spouse is sufficient to lift that person out of poverty. The earnings of a person working for a low income may not be sufficient to meet basic needs.
By contrast, a person who has a regular and sufficient income and is economically capable of supporting themselves may have their claim for spousal maintenance assessed differently.
Therefore, employment status should not be considered alone but together with income level, living expenses and the parties' economic circumstances.
Can a Spouse Earning the Minimum Wage Receive Maintenance?
Earning the minimum wage does not automatically prevent spousal maintenance or automatically create a right to maintenance.
Whether the person's income is sufficient to meet basic living needs under current economic conditions, whether the person has other income or assets and the economic positions of the parties are assessed together.
Accordingly, the mere finding that a person “earns the minimum wage” is not by itself decisive regarding maintenance.
Does an Unemployed Spouse Automatically Receive Spousal Maintenance?
No.
Although unemployment is an important factor in assessing spousal maintenance, it does not by itself create a right to maintenance.
The fault of the person requesting maintenance, their economic circumstances, assets, whether they have other sources of income and the other party's ability to pay must also be assessed.
Therefore, although unemployment is an important fact, the other conditions for spousal maintenance must also be fulfilled.
Is Fault Important in Spousal Maintenance?
Yes.
Under Article 175 of the Turkish Civil Code, the party requesting maintenance must not be more at fault than the other party.
Therefore, spousal maintenance cannot be awarded in favour of a spouse determined to be more at fault in the divorce.
By contrast, a spouse who is equally or less at fault may claim spousal maintenance where the other conditions are also fulfilled.
Is Being Completely Without Fault Required for Maintenance?
No.
A spouse requesting spousal maintenance does not have to be completely without fault.
The criterion required by law is that the spouse requesting maintenance must not be more at fault than the other spouse.
Accordingly, where the parties are equally at fault or the spouse requesting maintenance is less at fault, spousal maintenance may arise if the other conditions are also present.
Must the Spouse Paying Maintenance Be at Fault?
No.
The Turkish Civil Code expressly provides that fault on the part of the maintenance debtor is not required.
Spousal maintenance is not a form of compensation intended to punish the other party for wrongful conduct.
In this respect, spousal maintenance differs from pecuniary and non-pecuniary compensation that may be claimed as a result of divorce.
What Is the Difference Between Interim Maintenance and Spousal Maintenance?
Interim maintenance and spousal maintenance relate to different legal periods and purposes.
Interim maintenance is a temporary measure intended to provide for the livelihood of a spouse and, where necessary, children while divorce or separation proceedings are pending.
Spousal maintenance is one of the consequences of divorce and arises in relation to a spouse who will fall into poverty after divorce.
Therefore, a person receiving interim maintenance during proceedings will not necessarily receive the same amount of spousal maintenance after divorce.
What Is the Difference Between Spousal Maintenance and Child Maintenance?
Spousal maintenance concerns the economic circumstances of one of the divorced spouses.
Child maintenance concerns the contribution of the other parent towards the care, education, health and other needs of the joint child.
Accordingly, the recipient of spousal maintenance is the former spouse, whereas child maintenance is determined on the basis of the child's needs.
It is possible for both spousal maintenance and child maintenance to be awarded in the same divorce judgment.
How Is Spousal Maintenance Requested?
Spousal maintenance may be requested within divorce proceedings.
It is important for the request to be clearly stated. The court examines the parties' economic and social circumstances, the assessment of fault and the other conditions before deciding on maintenance.
Where a separate maintenance claim arises after the divorce proceedings, the statutory periods applicable to claims ancillary to divorce must also be taken into account.
Can the Judge Award Spousal Maintenance on Their Own Initiative?
Spousal maintenance is a consequence of divorce that depends on a request.
Therefore, where neither party requests spousal maintenance, the judge will not generally award it on their own initiative.
The amount and scope of the request are also important for the proceedings.
How Is the Amount of Spousal Maintenance Determined?
No single mathematical formula is applied when determining the amount of spousal maintenance.
The needs, income, assets and living circumstances of the person requesting maintenance are assessed together with the income, assets, necessary expenses and economic capacity of the maintenance debtor.
The amount should contribute to the recipient's livelihood without exceeding the financial capacity of the person liable for maintenance.
Accordingly, even persons who appear to have the same income level may be awarded different amounts of maintenance depending on their specific living circumstances.
Why Are the Parties' Social and Economic Circumstances Important in Determining Maintenance?
The parties' actual economic circumstances must be established in order to determine a fair amount of maintenance.
Salary, business income, rental income, ownership of immovable property and vehicles, banking income and other economic resources may be important in the assessment.
Similarly, financial obligations such as rent, healthcare expenses and necessary living costs may also be taken into account.
Therefore, an assessment based solely on income shown on a payslip may not reveal the parties' actual economic circumstances in every case.
How Long Is Spousal Maintenance Paid?
The Turkish Civil Code allows spousal maintenance to be ordered as a periodic payment without a predetermined duration.
However, the expression “without a predetermined duration” does not mean that maintenance can never end.
The law separately regulates circumstances in which maintenance terminates automatically or may be terminated by a court judgment.
Accordingly, the fact that maintenance is initially ordered without a predetermined duration does not mean that it must necessarily continue unchanged for life despite changing circumstances.
Can Spousal Maintenance Be Paid as a Lump Sum?
Depending on the specific circumstances, maintenance relating to the financial consequences of divorce may arise as a lump-sum payment or periodic payment.
The legal consequences of the payment method may differ.
In particular, whether the payment was agreed as a lump sum or periodic payment may be important in relation to subsequent increase, reduction or termination.
Does Spousal Maintenance Automatically Increase Every Year?
No.
Where the court judgment does not contain a provision determining the rate at which maintenance will increase in future years, maintenance cannot be said to automatically increase by a particular rate every year.
At the parties' request, the court may determine the amount of maintenance payable in future years by reference to a specified increase criterion.
Where no such arrangement exists, changing economic conditions may give rise to maintenance increase proceedings.
What Is a Maintenance Increase Case?
A maintenance increase case is an action requesting an increase in a previously determined maintenance amount on the ground that it has become insufficient due to changed circumstances.
Inflation, increased living expenses, increased needs of the maintenance recipient or a substantial increase in the economic capacity of the maintenance debtor may be considered.
The court assesses not only general economic conditions but also the specific economic and social circumstances of the parties.
How Long Must Pass Before Maintenance Can Be Increased?
The law does not prescribe a fixed number of years or a mandatory waiting period for every request to increase maintenance.
What matters is whether, after maintenance was determined, there has been a change in the parties' economic circumstances or in considerations of fairness that requires the amount to be reassessed.
Therefore, where an increase action is brought within a very short period, whether a material change has occurred becomes particularly important, while the effect of economic conditions may become more evident where maintenance has remained unchanged for a long period.
Is Inflation a Ground for Increasing Maintenance?
Inflation and changes in the purchasing power of money may affect the real economic value of maintenance.
However, rather than considering only the general inflation rate, changes in the parties' incomes, the maintenance recipient's needs and the maintenance debtor's ability to pay should also be assessed.
The amount of any increase is therefore determined according to the circumstances of each case.
What Is a Maintenance Reduction Case?
A maintenance reduction case is an action requesting reduction of the existing maintenance amount due to changes in the economic circumstances of the maintenance debtor or improvement in the economic position of the maintenance recipient.
A serious reduction in the maintenance debtor's income, impairment of their ability to work or a substantial increase in the maintenance recipient's income may be relevant.
However, not every reduction in income automatically results in reduction of maintenance.
Can a Person Who Loses Their Job Have Maintenance Reduced?
Loss of employment by the maintenance debtor may constitute an important change relied upon in seeking reduction or termination of maintenance.
However, the nature of the unemployment, whether it is temporary or permanent, the person's capacity to work and whether they have other income or assets are assessed.
The assessment concerns the person's overall economic capacity, not merely the disappearance of their current salary.
Does Remarriage of the Maintenance Debtor Terminate Maintenance?
Remarriage of the maintenance debtor does not automatically terminate spousal maintenance paid to the former spouse.
However, changes in economic and family obligations arising from the new marriage may, together with other circumstances, become relevant in assessing the amount of maintenance.
In every case, whether the statutory conditions for modification of maintenance have arisen must be examined according to the specific circumstances.
What Happens If the Spouse Receiving Maintenance Remarries?
Spousal maintenance ordered as a periodic payment automatically terminates where the maintenance recipient remarries.
A new marriage is therefore one of the statutory grounds preventing the continuation of spousal maintenance received from the former spouse.
However, the position of accrued and unpaid maintenance claims relating to earlier periods must be assessed separately.
Can Maintenance Be Terminated If the Recipient Lives With Another Person?
The Turkish Civil Code permits periodic maintenance to be terminated by court judgment where the maintenance recipient lives with another person as though married without formally marrying.
A friendship or romantic relationship with another person is not by itself sufficient.
Whether there is a de facto marital-type common life is assessed according to the circumstances and evidence of the specific case.
What Happens If the Maintenance Recipient Is No Longer in Poverty?
The maintenance recipient ceasing to be in poverty may give rise to termination of maintenance by court judgment.
For example, beginning to earn a regular and sufficient income, acquiring substantial assets or a significant improvement in the person's economic position may be relevant.
However, every increase in income does not mean that poverty has ended. Whether the new economic circumstances are sufficient for the person to support themselves must be examined.
Is Leading a Dishonourable Life a Ground for Termination of Maintenance?
The Turkish Civil Code permits periodic maintenance to be terminated by court judgment where the maintenance recipient leads a dishonourable life.
The circumstances of the specific case are important in applying this concept.
Whether a way of life capable of resulting in termination of maintenance exists is assessed by the court on the basis of the allegations and evidence.
Does Spousal Maintenance Continue If One of the Parties Dies?
Periodic spousal maintenance automatically terminates upon the death of either party.
Accordingly, the maintenance obligation does not continue indefinitely by passing in the same form to heirs.
However, the legal position of maintenance instalments that accrued and remained unpaid before the date of death must be separately assessed.
What Is the Difference Between Automatic Termination and Termination by Court Judgment?
There is an important distinction between the ways in which spousal maintenance may end.
Where the maintenance recipient remarries or either party dies, periodic maintenance terminates automatically.
By contrast, where the maintenance recipient lives with another person as though married without formal marriage, ceases to be in poverty or leads a dishonourable life, termination of maintenance by a court judgment arises.
This distinction is important in determining when and through which legal procedure the maintenance payment ends.
Can Maintenance Payments Be Stopped Unilaterally?
The maintenance debtor's belief that their economic circumstances have changed does not by itself eliminate a maintenance obligation contained in a court judgment.
Circumstances in which maintenance automatically terminates by operation of law must be distinguished from circumstances requiring a court judgment.
Particularly where a court judgment is required for reduction or termination, unilaterally ceasing payments may result in enforcement proceedings and accumulated maintenance debt.
What Happens If Maintenance Is Not Paid?
Enforcement proceedings may be initiated for maintenance receivables based on a court judgment that are not paid when due.
Accumulated maintenance debts may be claimed from the maintenance debtor through enforcement proceedings.
Because non-compliance with maintenance judgments may also have consequences under enforcement and criminal law, a maintenance debtor experiencing difficulty in payment should consider available legal remedies rather than disregarding the existing court judgment.
Are Accrued Maintenance Debts Erased When Maintenance Is Terminated?
Prospective termination of maintenance does not mean that maintenance receivables accrued in the past automatically disappear.
The date from which termination takes effect and the position of past receivables should be assessed within the framework of the specific court judgment.
Accordingly, termination of maintenance and the legal status of accumulated maintenance debts are separate issues.
Can Spousal Maintenance Be Agreed in an Uncontested Divorce?
Yes.
The parties may regulate whether spousal maintenance will be paid, its amount and method of payment in an uncontested divorce protocol.
However, the wording used should be clear.
Provisions concerning the amount of maintenance, payment date, method of increase and the parties' future claims may directly affect disputes that arise later.
Can Spousal Maintenance Be Waived in an Uncontested Divorce?
The parties may express their intentions concerning spousal maintenance within an uncontested divorce.
However, the future legal consequences of a waiver or a statement such as “I have no claim for maintenance” are important.
Therefore, broad waiver provisions concerning maintenance rights should not be used in an uncontested divorce protocol without understanding their scope.
Are Spousal Maintenance and Pecuniary Compensation the Same?
No.
Spousal maintenance and pecuniary compensation are different financial consequences of divorce.
While spousal maintenance principally involves falling into poverty as a result of divorce and the requesting spouse not being more at fault, pecuniary compensation has its own separate conditions.
Therefore, entitlement to spousal maintenance does not necessarily mean that the spouse is also entitled to pecuniary compensation.
Likewise, rejection of a pecuniary compensation claim does not necessarily require rejection of a spousal maintenance claim.
What Evidence Can Be Used in Maintenance Cases?
Evidence capable of demonstrating the parties' economic and social circumstances is important in maintenance disputes.
Salary and income records, social security records, land registry and vehicle records, banking and commercial activity documents, rental income, living expenses and other economic information may be assessed depending on the circumstances.
Where it is alleged in a maintenance termination case that the recipient is living with another person as though married, lawful evidence supporting that allegation may also be relevant.
How Is Concealment of Actual Income Assessed in Maintenance Proceedings?
The fact that one party shows a low income in official records does not necessarily mean that their actual economic capacity is limited to that amount.
The court may assess the person's occupation, standard of living, assets, commercial activities and other economic indicators together.
Therefore, in maintenance disputes it is important to determine the parties' actual social and economic circumstances rather than relying solely on declared income.
Which Court Has Subject-Matter Jurisdiction in Maintenance Increase, Reduction and Termination Cases?
Disputes concerning maintenance fall within family law.
Accordingly, the family court has subject-matter jurisdiction. In places where there is no family court, the civil court of first instance acting in the capacity of a family court may hear the dispute.
Filing the case before the correct court is important for the proceedings to progress in accordance with procedural law.
How Is Territorial Jurisdiction Determined in Maintenance Cases?
When determining territorial jurisdiction in maintenance cases, the nature of the claim and the relevant special jurisdiction rules should be taken into account.
Particularly in maintenance proceedings filed after divorce, the parties' places of residence may be important.
The competent court should be determined by examining the type of action and the parties' current residences in the specific case.
Maintenance Cases in Çekmeköy
For persons living in Çekmeköy, the correct court must be determined in disputes concerning determination, increase, reduction or termination of spousal maintenance.
Establishing the parties' economic and social circumstances, assessing income and asset investigations and proving circumstances requiring modification of maintenance are important for the outcome of the case.
Therefore, within the scope of a Çekmeköy divorce lawyer, Çekmeköy family law lawyer, Çekmeköy maintenance lawyer, Istanbul divorce lawyer, maintenance increase case, maintenance reduction case and maintenance termination case, all circumstances of the specific case should be assessed together.
Çekmeköy Divorce Lawyer Assistance in Spousal Maintenance Cases
Legal assistance in proceedings concerning spousal maintenance may include preparing the maintenance request during divorce, assessing the parties' fault and economic circumstances, presenting evidence concerning the amount of maintenance, conducting maintenance increase or reduction proceedings and assessing circumstances requiring termination of maintenance.
Detailed assessment of evidence is particularly important where the parties' incomes are disputed, where assets are alleged to be held through other persons or companies, where it is alleged that the maintenance recipient is living with another person as though married, or where economic circumstances have changed substantially.
Conclusion
Spousal maintenance is a consequence of divorce intended to contribute to the livelihood of a party who will fall into poverty as a result of divorce and who is not more at fault than the other spouse. The maintenance debtor is not required to be at fault, and the amount of maintenance is determined by considering the parties' economic circumstances and the financial capacity of the maintenance debtor.
The legal process does not always end when maintenance is awarded. Changes in the parties' economic and social circumstances may give rise to an increase or reduction of maintenance, while the maintenance recipient ceasing to be in poverty, living with another person as though married or other circumstances specified by law may give rise to termination of maintenance.
Where the maintenance recipient remarries or either party dies, periodic maintenance terminates automatically; where the recipient lives with another person as though married, ceases to be in poverty or leads a dishonourable life, maintenance may be terminated by court judgment.
Therefore, when assessing spousal maintenance, maintenance increase proceedings, maintenance reduction proceedings, termination of maintenance, non-payment of maintenance, Çekmeköy divorce lawyer, Çekmeköy family law lawyer and Istanbul divorce lawyer, not only the circumstances existing at the time of divorce but also the parties' current economic and social circumstances should be considered together.