The basis of Turkish society is family. The family provisions of the Civil Code are about keeping the marriage union alive. Spouses are given certain responsibilities in order to maintain a peaceful family life, which is the cornerstone of a healthy society. Tasks where the concept of ‘labour’ comes to the fore, such as doing housework, are equivalent to economic tasks. Spouses participate in the obligations and expenses of the marital union together with their labor and assets in proportion to their means. However, in cases where this balance is disrupted and one of the spouses takes on unjustly more responsibilities than the other, even if the spouses live in the same house, the judge may take alimony measures without filing a divorce case against the spouse who does not fulfill his responsibilities – for example, does not provide financial support.
Alimony is a situation that legally requires the aggrieved spouse to receive financial assistance in order to make ends meet. The competent court is the family courts. The competent court is the court where one of the parties resides. If the residence of the spouses is different from each other and both of them have requested to take precautions, the competent court is the court of the residence of the person who made the first request. According to Article 195 of the Civil Code, if the obligations arising from the union of marriage cannot be fulfilled or if there is a disagreement on an important issue regarding the union of marriage, the spouses may request the intervention of the judge, separately or together. Obviously, this requires an official marriage. If there is a religious marriage or cohabitation outside of marriage, spouses will not be able to benefit from this provision and request interim alimony. However, these people will be able to request assistance under certain headings on behalf of their joint children, even if it is not in their favor. In accordance with Article 196 of the Civil Code, upon the request of one of the spouses, the judge determines the financial contribution that each spouse will make for the maintenance of the family. The spouse’s unpaid work and taking care of the children are evaluated in determining the amount of contribution. These contributions can be requested for the past year and future years. Based on this provision, it is important that a retroactive annual contribution can also be requested for the spouse who does not fulfill his duties.
In addition to requesting alimony without filing a divorce case, precautionary alimony may also be ordered if ‘living together’ is interrupted while the marriage continues without filing a divorce case. However, this separate living situation must be based on a justified reason. For example, if the personality, economic life, or peace of the family of one of the spouses is in serious danger due to shared living, it is accepted that there is a justified reason, such as the spouse is using violence against the other, cheating, or not taking care of the house. In these cases, it is possible to request alimony without filing for divorce. The principle of fairness should be a guide in determining the seriousness of just cause. (A woman who is kicked out of the house by her husband also has a justified reason.) If the spouse has minor children, it is possible to request alimony on their behalf. In other words, requesting alimony without filing for divorce is possible not only for the spouse but also for joint children. If the spouse cannot prove that he/she is right to live separately, the judge rejects the alimony request. However, being unfair in living separately does not affect the alimony to be given to the child. If the child is an adult, he cannot ask for precautionary alimony. If the spouse was duly invited to the family residence to continue the marital union, but did not come, he will not be able to request interim alimony for the following dates. While the marriage continues, alimony is not awarded in favor of the spouse who has an extramarital affair. In order to decide on alimony without filing a divorce case, the fault of the spouses is not required in the dissolution of the marital union.
In order for one of the spouses to pay alimony to the other without filing for divorce, they must be in a position to pay alimony. Direct income and asset values are examined, and economic power is taken into account. A person who has the financial means to do paid military service is obliged to pay alimony. If the husband is a soldier and has no property or income, there is no alimony obligation during his military service. A husband who is mentally ill and does not work is also not liable. The judge determines the amount of alimony. This amount of alimony is sufficient for the spouses to live a life suitable for the life they lead together while the marriage continues. The needs of the spouses are taken into consideration. Gender is not important at this stage. It is calculated by the judge in Turkish lira. However, the parties may agree on a foreign currency. As a rule, it is paid in advance at the beginning of each month. It is valid from the date of the lawsuit and continues as long as the right to live separately continues. Interest cannot be charged on alimony from the date of the lawsuit. Alimony cases are also heard during judicial recess, and the deadlines continue to run. If the obliged spouse does not comply with the decision regarding alimony, enforcement proceedings may be initiated against him/her and a wage garnishment may be requested; if he/she does not have a salary, if he/she has assets or real estate records, receivables from third parties may be taken. The start of this alimony is the date of the lawsuit. When a decision is made later, alimony becomes retroactive and becomes subject to enforcement from the date of the lawsuit.In addition, upon the complaint of the creditor, a 3-month prison sentence may be imposed on the debtor spouse who does not fulfill her alimony debt.