New era in poverty alimony: Minimum 5-year duration on the table

The practice of indefinite alimony granted to the party who falls into poverty after a divorce may end with a comprehensive change. Under the new regulation being prepared, the right to receive alimony will be limited to a minimum of 5 years, regardless of the duration of the marriage. Another prominent feature of the bill is that the court will be able to grant additional time based on the alimony recipient's age, health status, or ability to work.

The planned change has not yet been enacted. The proposal to be submitted to Parliament will need to be approved, and the committee discussions and general assembly stages will need to be completed. Currently, the provisions of the existing Turkish Civil Code continue to be applied in ongoing alimony cases.

5-YEAR BASE DURATION AND CALCULATION METHOD

According to the prepared model, alimony will be paid for a minimum of 5 years, even in short-term marriages. The period between the start date of the marriage and the date the divorce case was filed will be taken as the basis. In the calculation, alimony will be awarded at a rate of half of this period. However, if this rate turns out to be less than 5 years, the base duration will be applied automatically. For example, even in 1 or 5-year marriages, alimony will still be paid for 5 years. In a 12-year marriage, 6 years of alimony could be on the agenda, while in a 20-year marriage, 10 years of alimony could be paid.

EXCEPTION: THE ELDERLY AND THOSE UNABLE TO WORK

The bill also includes exceptions to the automatic termination of the alimony period. Courts will be able to grant additional time for alimony recipients who have completely lost their ability to work, have a serious health problem, or are of advanced age. The judge will be able to increase the payment period by considering the person's income, professional experience, age, and financial situation. Thus, those who have been away from the workforce or have limited opportunities to work again will not be negatively affected by this change.

1-YEAR TIME LIMIT FOR ADDITIONAL TIME REQUESTS

Those who request additional time due to their special circumstances will have to apply to the court for additional time within one year at the latest after the alimony period expires. Once this period has passed, no further alimony can be requested.

LUMP-SUM PAYMENT OPTION IS ALSO COMING

The draft introduces another new practice for alimony payments. Even if monthly payments have been ordered by the court, a one-time lump-sum payment may be permitted in the future, taking into account the financial situations of the parties. The judge will be able to make this decision by evaluating the effects of the lump-sum payment on the alimony recipient and financial sustainability. Thus, long-term financial ties between the parties can be terminated in a single transaction under certain conditions.

STATUTE OF LIMITATIONS FOR PROPERTY DIVISION CASES SHORTENS

The study envisions changes not only regarding alimony but also regarding property division cases filed after divorce. The statute of limitations, which is 10 years in the current system, may decrease to 5 years with the new regulation. Divorced couples will now have to file lawsuits in a shorter time for the division of the property regime, value increase share, and other financial claims.

WHO IS GRANTED THE RIGHT TO ALIMONY?

In Turkey, poverty alimony is not a right exclusive to women; the party who will fall into financial difficulty after the divorce and is not more at fault than the other spouse can also receive alimony. For this reason, men who meet the specified conditions can also benefit from the right to alimony. How the new model will be applied to women and men will become clear after the discussions in Parliament.

HOW WILL THE NEW REGULATION BE APPLIED TO EXISTING DECISIONS?

The 5-year lower limit and other durations that have come to the agenda will only enter into force after the regulation is enacted. At this point, the details regarding the effective date, its impact on ongoing cases, and the transition process will be specified separately in the legislative proposal.

News Source: 12punto