Court of Cassation ruling on poverty alimony: Alimony decision for spouse with equal income overturned

The 2nd Civil Chamber of the Court of Cassation has issued a notable ruling regarding poverty alimony in a divorce case. The Chamber overturned the local court's decision to award poverty alimony to a woman who has a regular and fixed income and whose income level is close to or equal to that of her former spouse.

The case in question began with a mutual divorce lawsuit filed by a couple living in Istanbul. The Bakırköy 13th Family Court, which presided over the trial, ruled for the couple's divorce on the grounds that the "marital union had been fundamentally shaken." The court also ordered poverty alimony in favor of the woman.

The 56th Civil Chamber of the Istanbul Regional Court of Justice, which conducted the appellate review of the file, found the local court's decision to be in accordance with the law. Following this, the man, whose divorce was finalized, appealed the ruling and took the case to the Court of Cassation.

The 2nd Civil Chamber of the Court of Cassation, which conducted the appeal review, upheld the local court's decision regarding procedural matters and the divorce ruling itself. However, it overturned the section concerning the awarding of poverty alimony to the woman, finding it to be contrary to the law.

In its decision, the Chamber noted that the woman is a retiree and has a regular and fixed income. The ruling also pointed out that the financial situations of the parties are close to or equal to each other.

Given this situation, the conditions for poverty alimony regulated under Article 175 of the Turkish Civil Code No. 4721 have not been met for the plaintiff woman. It was not correct to accept the plaintiff woman's request for poverty alimony when it should have been rejected, and this necessitates an overturning of the decision.

In the Court of Cassation's reasoning for the reversal, it was emphasized that the conditions for poverty alimony must be evaluated by taking the concrete income situation into account. Thus, the local court's ruling to award alimony in favor of the woman, where the parties were determined to have equal incomes, has lost its validity.

News Source: 12punto