Ümraniye Divorce Lawyer - Alimony for Poverty and Increase, Reduction or Termination of Alimony

Ümraniye Divorce Lawyer - Alimony for Poverty and Increase, Reduction or Termination of Alimony Divorce may cause significant changes in the economic lives of the parties in addition to ending the marital union between spouses. One of the spouses who maintained their life within a shared economic structure during the marriage may experience economic hardship to the extent that they are unable to support themselves as a result of divorce. In such circumstances, the Turkish Civil Code allows alimony for poverty to be requested where certain conditions are satisfied. Under Article 175 of the Turkish Civil Code, the party who would fall into poverty because of divorce may request alimony for their maintenance from the other spouse in proportion to that spouse's financial capacity, provided that the requesting party is not more at fault than the other party. Fault on the part of the person liable to pay alimony is not a requirement for alimony for poverty. Decisions concerning alimony for poverty are not immutable in every case. Subsequent changes in the parties' financial circumstances, elimination of the recipient's poverty, remarriage or the occurrence of other conditions prescribed by law may result in an increase, reduction or termination of alimony. Article 176 of the Turkish Civil Code separately regulates these matters. Therefore, in assessments made within the scope of an Ümraniye divorce lawyer, Ümraniye family lawyer, Istanbul divorce lawyer, alimony for poverty lawyer, alimony increase lawyer or lawyer for termination of alimony proceedings, not only the economic circumstances at the time of divorce but also the parties' degree of fault, income, expenses, living conditions and subsequent changes should be examined together. What Is Alimony for Poverty? Alimony for poverty is a type of alimony that the spouse who will fall into poverty because of divorce may request from the other spouse in order to contribute to their maintenance. Under Article 175 of the Turkish Civil Code, one of the fundamental requirements for alimony for poverty is that the requesting spouse will fall into poverty because of divorce. The purpose of alimony for poverty is not to punish one spouse or place the entire responsibility for the other spouse's standard of living on them. The underlying purpose of the provision is to provide a certain level of protection to a spouse who will have difficulty supporting themselves because of the economic consequences of divorce. What Are the Conditions for Alimony for Poverty? For alimony for poverty to be awarded, depending on the circumstances of the particular case, it is fundamentally necessary that: the parties are divorced, the spouse requesting alimony will fall into poverty because of the divorce, the requesting spouse is not more at fault than the other spouse, alimony is requested, the financial capacity of the spouse liable for alimony is assessed in relation to payment. Article 175 of the Turkish Civil Code also provides that the amount of alimony is to be determined in proportion to the financial capacity of the liable party. Is Alimony for Poverty Paid Only to Women? Alimony for poverty is not a right granted solely to women. Article 175 of the Turkish Civil Code does not make a distinction based on gender and uses the expression “the party who will fall into poverty because of divorce.” Therefore, where the conditions are satisfied, either a woman or a man may request alimony for poverty. The determining factor for alimony is not whether the party is a woman or a man but whether the economic and legal conditions prescribed by law are satisfied. Can a Husband Receive Alimony for Poverty? Yes. A husband may also request alimony for poverty if he will fall into poverty because of divorce, is not more at fault than the other spouse and the other conditions are satisfied. Therefore, the common belief that alimony for poverty can only be paid to a divorced woman is not legally correct. Is Fault Important for Alimony for Poverty? Yes. Under Article 175 of the Turkish Civil Code, the party requesting alimony must not be more at fault than the other spouse. Therefore, a party found to be more at fault cannot request alimony for poverty. However, the spouse requesting alimony does not have to be entirely without fault. Where the parties are equally at fault or the requesting spouse is less at fault than the other spouse, alimony for poverty may arise if the other conditions are also satisfied. Summaries of decisions issued by the 2nd Civil Chamber of the Court of Cassation in 2026 also demonstrate that the assessment of fault directly affects alimony for poverty. Must the Spouse Paying Alimony Be at Fault? No. Article 175 of the Turkish Civil Code expressly provides that fault on the part of the person liable for alimony is not required. Therefore, the spouse who will pay alimony does not necessarily have to be found at fault for the events leading to divorce. Whether the spouse requesting alimony is more at fault than the other party and the financial capacity of the spouse liable to pay are assessed separately. Can a Fully At-Fault Spouse Receive Alimony for Poverty? Where the party requesting alimony is more at fault than the other spouse, the requirement for alimony for poverty under Article 175 of the Turkish Civil Code is not satisfied. Therefore, a spouse found fully at fault in the divorce cannot request alimony for poverty from the other spouse who is without fault or less at fault. However, the determination of fault is made according to the events and evidence in the particular divorce proceedings. Can an Equally At-Fault Spouse Receive Alimony for Poverty? The law requires that the party requesting alimony not be more at fault. Therefore, where the parties are equally at fault in a divorce, alimony for poverty may be awarded if the poverty and other requirements are also satisfied. Indeed, in a summary of a 2026 decision of the 2nd Civil Chamber of the Court of Cassation, the rejection of a claim for alimony for poverty was found unlawful in connection with the conclusion that the parties should have been considered equally at fault. What Does Falling Into Poverty Mean? The Turkish Civil Code does not establish a fixed income figure or a single economic threshold applicable to everyone for the purposes of alimony for poverty. In assessing poverty, the person's basic needs required to maintain their life, income, regular financial resources and specific living conditions are important. Therefore, it is not appropriate to automatically reach a conclusion solely on the basis of whether a person has a monthly income. Can a Working Spouse Receive Alimony for Poverty? The fact that a person is employed does not by itself constitute an absolute rule eliminating a claim for alimony for poverty. Whether the income earned by the working spouse is sufficient to meet their basic needs after divorce, their employment conditions and other economic factors may be assessed in the particular case. Therefore, the general statement that “a working person cannot receive alimony” is not legally correct in every case. Can a Spouse Earning the Minimum Wage Receive Alimony? The fact that a spouse earns the minimum wage or another regular income is not by itself sufficient for acceptance or rejection of an alimony claim. The court may assess the parties' economic and social circumstances, income and expenses and the economic impact of divorce on the spouse requesting alimony. The determining issue is whether the statutory requirements for alimony for poverty are satisfied in the particular case. Does an Unemployed Spouse Automatically Receive Alimony? No. Although unemployment is an important economic factor, alimony for poverty is not automatically awarded to every unemployed spouse. The degree of fault, the requirement of falling into poverty because of divorce, the person's other income and assets and the financial capacity of the spouse liable to pay must be assessed together. Can a Spouse With Assets Receive Alimony for Poverty? The existence of real estate, bank savings, rental income or other assets belonging to the spouse requesting alimony may be considered in the economic assessment. However, the same conclusion should not automatically be reached in every case merely because an asset is registered in the person's name. Whether the asset generates income and whether it provides sufficient economic means for the person to support themselves should be assessed in the particular case. Can a Spouse Receiving a Pension Receive Alimony for Poverty? A pension is one of the sources of income that may be taken into account when assessing a person's economic circumstances. However, receiving a pension does not automatically eliminate a claim for alimony. The amount of the income, the person's necessary expenses and the parties' economic circumstances are assessed together. When Is Alimony for Poverty Requested? Alimony for poverty may be requested within divorce proceedings. It is important for the request to be expressly raised. The court must make its assessment by considering the limits of the parties' requests and the circumstances of the particular case. The legal nature of the alimony request during divorce proceedings is also important; temporary alimony arising while proceedings are pending and alimony for poverty linked to the consequences of divorce are not the same institution. Are Temporary Alimony and Alimony for Poverty the Same? No. Temporary alimony and alimony for poverty have different legal characteristics. Temporary alimony may arise as a provisional measure intended to protect the maintenance of the spouses and, where necessary, children while divorce or separation proceedings are ongoing. Alimony for poverty arises as one of the economic consequences of divorce where the divorce is granted and the statutory conditions are satisfied. Are Child Maintenance and Alimony for Poverty the Same? No. Child maintenance is paid for the child and is intended to contribute to the child's care, education and other needs. Alimony for poverty arises in favour of the former spouse who will fall into poverty because of divorce. Therefore, the same divorce case may involve both child maintenance for the child and, where the conditions are satisfied, alimony for poverty for the spouse. How Much Is Alimony for Poverty? The law does not provide a fixed amount or a specific percentage of income applicable to everyone for alimony for poverty. Article 175 of the Turkish Civil Code provides that alimony may be requested in proportion to the financial capacity of the other party. Therefore, the amount may be determined by considering the parties' economic and social circumstances, income, necessary expenses and the circumstances of the particular case. Summaries of 2026 Court of Cassation decisions also demonstrate that the parties' social and economic circumstances and equity are important in assessing the amount of alimony. What Percentage of Salary Is Alimony for Poverty? There is no general statutory percentage requiring alimony for poverty to equal a specific percentage of the liable spouse's salary. For example, there is no fixed formula applicable in every case such as “20 percent of the salary” or “one quarter of the salary.” The amount of alimony is assessed according to the particular economic and social circumstances of the parties. Is Alimony for Poverty Indefinite? Article 175 of the Turkish Civil Code provides that a party satisfying the conditions may request alimony for poverty for an indefinite period. However, this does not mean that alimony awarded will continue for life and remain unchanged under all circumstances. Under Article 176 of the Turkish Civil Code, remarriage, death of one of the parties, elimination of poverty and other situations regulated by law may result in termination or removal of alimony. Alimony may also be increased or reduced where financial circumstances change. Can the Judge Determine Alimony for Poverty for a Limited Period? The method of payment of alimony for poverty and the circumstances of the particular case are assessed under Article 176 of the Turkish Civil Code. The law provides that pecuniary compensation and alimony for poverty may be ordered to be paid as a lump sum or, depending on the circumstances, in the form of periodic payments. A summary of a 2026 decision of the 2nd Civil Chamber of the Court of Cassation also stated that, considering circumstances such as the parties' economic and social situations, ages, duration of marriage and absence of children, payment as a lump sum rather than periodic payments should be assessed. Can Alimony for Poverty Be Paid as a Lump Sum? Yes. Under Article 176 of the Turkish Civil Code, pecuniary compensation and alimony for poverty may be ordered to be paid as a lump sum or, depending on the circumstances, as periodic payments. Therefore, alimony for poverty does not necessarily have to be ordered as a regular monthly payment. The method of payment may be separately assessed according to the circumstances of the particular case. What Is Periodic Alimony? Periodic alimony means payment of alimony regularly at specified intervals rather than as a single lump sum. In practice, an order requiring monthly payment of alimony for poverty falls within this category. For periodically paid alimony, the method of increase for future years may also be determined in the judgment upon request. Is Alimony Automatically Increased Every Year? There is no automatic rule applicable to every decision under which alimony increases by a particular percentage every year. However, Article 176 of the Turkish Civil Code provides that, upon request, the judge may determine the amount of periodically paid alimony to be paid in future years according to the parties' social and economic circumstances. Indeed, in a summary of a 2026 decision of the 2nd Civil Chamber of the Court of Cassation, a judgment providing that alimony would be increased each year by the annual PPI rate published by TURKSTAT beginning from the year following finalisation of the judgment was found lawful. What Is an Action for Increase of Alimony? An action for increase of alimony is an action requesting an increase in an amount of periodic alimony previously determined because of changing economic and social circumstances. Under Article 176 of the Turkish Civil Code, periodic payments may be increased where the parties' financial circumstances change or equity so requires. Therefore, it may be argued that an amount of alimony determined years earlier has become insufficient under changed circumstances. What Conditions Are Required for an Increase in Alimony? Changes in the parties' financial circumstances and considerations of equity are important in determining whether alimony should be increased. For example, an increase in the recipient's economic needs, significant changes in living expenses or changes in the parties' income may be assessed in the particular case. However, not every request for an increase is automatically granted. The existing amount of alimony, the parties' current economic circumstances and the grounds for the request are assessed together. Is Inflation Considered in an Alimony Increase? Economic circumstances and changes in the purchasing power of money may be relevant to whether the amount of alimony remains current. However, rather than relying solely on a single economic indicator, the parties' social and economic circumstances and equity should be assessed together. Where the court judgment already provides a specific method for future increases, that provision is particularly important. What Is an Action for Reduction of Alimony? An action for reduction of alimony is an action requesting that an amount of periodic alimony previously determined be reduced because of changed circumstances. Article 176 of the Turkish Civil Code also allows alimony to be reduced where the parties' financial circumstances change or equity requires it. For example, a significant change in the financial circumstances of the person liable to pay alimony or a substantial increase in the recipient's income may be assessed in the particular case. Does Alimony Automatically Decrease If the Person Loses Their Job? No. Loss of employment or reduction in income of the person liable to pay alimony does not automatically change the amount in the existing court judgment. Where the conditions are satisfied, a new court decision must be requested for reduction of alimony. The nature and duration of the loss of income, the person's other financial resources and the parties' general financial circumstances are assessed. Can a Spouse Whose Salary Decreases Reduce Alimony? A significant reduction in the income of the person liable for alimony may lead to assessment of a request to reduce alimony. However, the mere existence of a salary reduction does not automatically mean that alimony will be reduced. The parties' current financial circumstances and equity are assessed together. Can Alimony Be Reduced If the Recipient's Income Increases? A significant improvement in the economic circumstances of the alimony recipient may also require reconsideration of the existing amount. The effect of the increase in income on the person's poverty and ability to support themselves is examined. Depending on the circumstances, reduction of alimony or, where poverty has completely ceased, termination may arise. What Is an Action for Termination of Alimony? An action for termination of alimony is an action requesting that previously awarded periodic alimony for poverty be terminated on the ground that the conditions for its continuation no longer exist. Article 176 of the Turkish Civil Code expressly provides that alimony terminates automatically in certain circumstances and may be terminated by court decision in others. This distinction is important in practice. Does Alimony End If the Recipient Remarries? Yes. Under Article 176 of the Turkish Civil Code, periodically paid alimony for poverty automatically terminates if the recipient remarries. Therefore, alimony for poverty does not continue in this situation. What Happens If the Person Paying or Receiving Alimony Dies? Under Article 176 of the Turkish Civil Code, periodically paid alimony for poverty automatically terminates upon the death of either party. Therefore, where alimony for poverty has been ordered as periodic payments, the same future payment obligation does not continue after the death of one of the parties. Is Alimony Terminated If the Recipient Lives With Someone Else? Article 176 of the Turkish Civil Code provides that periodic alimony may be terminated by court decision where the recipient lives as if married without formally marrying. Unlike formal remarriage, alimony does not automatically terminate in this situation. Whether the requirement of living as if married is satisfied must be assessed on the basis of the circumstances and evidence of the particular case, and a court decision is required. Is Alimony Terminated If the Recipient Has a Romantic Partner? The mere existence of a romantic relationship or partner is not the same as “living as if married without formally marrying” within the meaning of Article 176 of the Turkish Civil Code. For termination of alimony, the particular characteristics of the relationship and whether the statutory conditions are satisfied must be assessed. Therefore, alimony cannot be said to automatically terminate solely because “the recipient has a partner.” Can Alimony Be Terminated If the Recipient Is No Longer Poor? Yes, where the conditions are satisfied. Article 176 of the Turkish Civil Code provides for termination by court decision where the recipient's poverty has ceased. For example, where it is alleged that the person's economic circumstances have undergone a significant and lasting improvement, whether this has eliminated the state of poverty is examined in the particular case. Does Alimony Automatically End When the Former Spouse Gets a Job? No. The recipient obtaining employment does not by itself automatically terminate alimony. It must be assessed whether the income earned eliminates the state of poverty. Depending on the circumstances, reduction or termination of alimony may be requested, but the legal result is determined according to the specific economic information. Can Alimony Be Terminated If the Recipient Inherits Property? A significant inheritance received by the alimony recipient may change their financial circumstances. However, the nature and value of the inheritance, whether it generates income and whether it actually eliminates the recipient's poverty must be assessed. If the state of poverty is found to have ended, termination of alimony may arise under Article 176 of the Turkish Civil Code. Does Alimony End If the Recipient Buys a House or Car? A person's acquisition of a house or vehicle does not by itself automatically terminate alimony. The economic value of the property, the source through which it was acquired and its effect on the recipient's state of poverty must be assessed. The fundamental question for termination of alimony is whether the state of poverty has ceased. Is Living a Dishonourable Life a Ground for Termination of Alimony? Article 176 of the Turkish Civil Code provides that periodic alimony may be terminated by court decision where the recipient leads a dishonourable life. However, application of this concept depends on the circumstances of the particular case. Rather than abstract accusations or personal value judgments, it must be legally assessed whether the statutory ground for termination has actually arisen. In Which Circumstances Does Alimony Automatically End? Under Article 176 of the Turkish Civil Code, periodic alimony for poverty automatically terminates upon remarriage of the recipient or death of either party. By contrast, where the recipient lives as if married without formally marrying, the recipient's poverty ceases or the recipient leads a dishonourable life, a court decision is required for termination. It is important to distinguish between these two categories. In Which Circumstances Is Alimony Terminated by Court Decision? Under Article 176 of the Turkish Civil Code, periodic alimony may be terminated by court decision where: the recipient lives as if married without formally marrying, the recipient's poverty has ceased, the recipient leads a dishonourable life. Therefore, rather than unilaterally stopping payments because the person liable for alimony believes one of these circumstances exists, the appropriate legal procedure should be pursued. Can Alimony Payments Be Unilaterally Stopped? Where alimony must be terminated by a court decision, unilateral suspension of payment based solely on the assessment of the person liable for alimony may create legal problems. Unless the existing alimony judgment is terminated or amended, it continues to produce legal consequences. Therefore, where grounds for termination or reduction are believed to exist, the necessary legal application should be made. What Evidence Can Be Used in an Action to Increase or Reduce Alimony? Depending on the nature of the dispute, different evidence demonstrating the parties' economic and social circumstances may be used. This may include salary and income records, social security records, bank transactions, real estate and vehicle records, rental income, documents concerning necessary expenses, workplace and company records and other lawful evidence demonstrating changes in economic circumstances. The purpose is to establish the parties' current financial circumstances as concretely as possible. How Is Cohabitation Proven in an Action for Termination of Alimony? Where it is alleged that the recipient lives as if married without formally marrying, an abstract allegation alone is not sufficient. Depending on the circumstances, lawfully obtained documents, records, witness statements and other evidence may be considered. It is particularly important that the evidence has been obtained lawfully. Can Social Media Posts Be Evidence in an Action for Termination of Alimony? Depending on the circumstances, social media content may be submitted in assessing the parties' living conditions. However, a single photograph or post cannot be said in every case to prove that a person is living as if married or that the person's poverty has ceased. The evidence must be assessed as a whole. When Can an Action for Increase of Alimony Be Filed? Article 176 of the Turkish Civil Code provides that alimony may be increased where the parties' financial circumstances change or equity requires it. Therefore, the relevant consideration is not merely the passage of a particular period since the alimony judgment, but whether circumstances requiring a change have arisen. However, requests brought at short intervals without a significant change must be assessed according to their particular circumstances. When Can an Action for Reduction of Alimony Be Filed? Where a significant change has occurred in the financial circumstances of the person liable for alimony or equity requires reduction of the existing amount, an action may arise. The law does not prescribe a fixed waiting period applicable to everyone. What matters is whether circumstances arising after the previous judgment require reconsideration of the amount of alimony. When Can an Action for Termination of Alimony Be Filed? Where one of the circumstances identified in Article 176 of the Turkish Civil Code as requiring termination by court decision arises, termination of alimony may be requested. For example, where it is alleged that the recipient's poverty has ceased or that the recipient has begun living as if married without formally marrying, a termination request may arise after the occurrence of that circumstance. Can Alimony for Poverty Be Agreed in an Uncontested Divorce? Yes. In an uncontested divorce, the parties may agree on alimony as part of the financial consequences of divorce. The amount and method of payment of alimony and, depending on the contents of the particular agreement, arrangements concerning future periods may be included in the divorce protocol. However, it is important for the protocol provisions to be clear and drafted in a manner that does not create future disputes of interpretation. Can Alimony Be Waived in an Uncontested Divorce Protocol? The future consequences of provisions concerning alimony in an uncontested divorce protocol may depend on the legal nature of the language used. Therefore, expressions such as “I do not request alimony,” “I waive alimony for poverty” or merely not making a claim for the current period may not necessarily produce the same legal consequences. When preparing the protocol, the parties' intention regarding alimony should be expressed clearly. Can Alimony for Poverty Be Requested After Divorce? The fact that alimony for poverty was not requested during the divorce proceedings or that a statement amounting to waiver was made may be important for later legal possibilities. Limitation periods, res judicata and other procedural and substantive law issues concerning claims arising from the financial consequences of divorce must be assessed in the particular case. Therefore, where an alimony claim is to be made after the divorce becomes final, the requests and judgment in the previous divorce file should first be examined. Does Alimony for Poverty Pass to Heirs? Periodic alimony for poverty automatically terminates upon the death of either party under Article 176 of the Turkish Civil Code. Therefore, future monthly alimony for poverty does not continue after death as the same right or obligation. The status of amounts that became due but remained unpaid before the date of death must be assessed separately. What Happens If Alimony Is Not Paid? Where alimony based on a court judgment or another enforceable legal arrangement is not paid, the recipient may use compulsory enforcement procedures. Enforcement proceedings may arise for accumulated alimony receivables. A person liable for alimony who believes that the amount should be reduced or terminated should pursue the appropriate legal remedies rather than disregarding the existing judgment. Are Past Alimony Debts Erased When Alimony Is Terminated? Prospective termination of alimony and the legal status of amounts that became due previously are not the same matter. The effect of the court judgment, the date of the request and the nature of claims arising in previous periods must be assessed according to the particular file. Therefore, a judgment terminating alimony should not be assumed to automatically eliminate all debts accrued in the past. Which Court Has Jurisdiction Over Alimony Proceedings? Alimony for poverty and proceedings concerning increase, reduction and termination of alimony are family law disputes. These disputes fall within the jurisdiction of family courts. In locations where there is no family court, the relevant court may act in the capacity of a family court. The rules concerning subject-matter and territorial jurisdiction must be separately assessed in the particular case. Is a Lawyer Mandatory in an Alimony Case? There is no general requirement that proceedings concerning alimony for poverty or increase, reduction or termination of alimony must always be conducted through a lawyer. However, fault, economic circumstances, poverty conditions, the contents of previous court judgments and proof of subsequent changes are important in alimony disputes. Therefore, the legal basis of the requests and evidence should be assessed according to the characteristics of the case. Alimony for Poverty Cases in Ümraniye In divorce proceedings conducted in Ümraniye, a request for alimony for poverty may arise as part of the financial consequences of divorce. After the divorce becomes final, disputes may arise concerning increasing, reducing or terminating previously awarded alimony because of changes in economic circumstances. Remarriage of the recipient, death of either party, elimination of poverty, living as if married without formally marrying or significant changes in the parties' financial circumstances may have different legal consequences for the future of alimony. Therefore, in assessments made within the scope of an Ümraniye divorce lawyer, Ümraniye family lawyer, Ümraniye alimony lawyer, Istanbul divorce lawyer, alimony increase lawyer, alimony reduction lawyer or alimony termination lawyer, the contents of the initial alimony judgment and the parties' current circumstances should be examined together. Ümraniye Divorce Lawyer Assistance Legal assistance concerning alimony for poverty may include assessing the conditions for alimony in divorce proceedings, examining the parties' fault and economic circumstances, preparing an appropriate alimony request, assessing the conditions for increasing or reducing previously awarded alimony and examining grounds for termination or removal of alimony. Related matters may also include assessing the parties' income and assets, examining future increase provisions contained in the alimony judgment, preparing alimony provisions in uncontested divorce protocols and enforcement of alimony debts depending on the scope of the dispute. Conclusion Alimony for poverty is one of the family law mechanisms intended to protect a spouse who will fall into poverty because of the economic consequences of divorce. Under Article 175 of the Turkish Civil Code, the party who would fall into poverty because of divorce may request alimony from the other party in proportion to that party's financial capacity, provided that the requesting party is not more at fault. Fault on the part of the person liable to pay alimony is not required. Decisions concerning alimony for poverty are not entirely independent from changing economic and social circumstances. Under Article 176 of the Turkish Civil Code, periodic alimony may be increased or reduced where the parties' financial circumstances change or equity requires it. Periodic alimony automatically terminates upon remarriage of the recipient or death of either party, while it may be terminated by court decision where the recipient lives as if married without formally marrying, the recipient's poverty ceases or the recipient leads a dishonourable life. Therefore, when assessing matters such as alimony for poverty, action for increase of alimony, action for reduction of alimony, action for termination of alimony, alimony in divorce, Ümraniye divorce lawyer, Ümraniye family lawyer, Ümraniye alimony lawyer and Istanbul divorce lawyer, the existing arrangement in the divorce judgment, the parties' fault, current income and expenses and economic changes arising after divorce should be considered together.