Precedent-setting ruling from the Court of Cassation on alimony payments

A divorce case in Elazığ has led to an important step regarding alimony provisions. In the Elazığ 3rd Family Court, the wife requested both a divorce and temporary and poverty alimony. The court ruled for the divorce and also granted alimony in favor of the woman.

The guardian of the defendant husband appealed this decision to the Regional Court of Justice in Diyarbakır, but after receiving a negative response there as well, the file was sent to the Court of Cassation.

The 2nd Civil Chamber of the Court of Cassation issued a ruling that will set a precedent in its evaluation. The Chamber determined that the defendant husband could not be employed due to mental illness and disability, and that he had no financial income. Based on these grounds, it overturned the decision of the court of first instance.

In its ruling, the High Court highlighted Article 175 of the Turkish Civil Code, stating that the alimony obligation can only apply to individuals who have the ability to pay. The judges ruled that, in this case, a disabled man without financial means cannot be held responsible for poverty alimony.

The types and conditions of alimony are clearly regulated in the Turkish Civil Code. Poverty alimony is granted upon request to the party who cannot support themselves after the divorce and is less at fault compared to the other spouse. However, for this alimony to be paid, the other party must have the financial means to pay it.

Among the types of alimony, child support (iştirak nafakası) can be granted for the care and educational expenses of children, while temporary alimony (tedbir nafakası) can be granted temporarily during the divorce proceedings.

The alimony obligation after divorce ends in cases such as the remarriage of the person receiving alimony, the death of one of the parties, or the end of the state of poverty. Furthermore, even if the person receiving alimony has not remarried, the right to alimony is terminated if they are living in a union as if they were married.

This latest ruling is considered to be a guiding decision, especially for divorce cases to be filed involving individuals who are unable to earn an income and whose health condition is not suitable.

News Source: 12punto