What Is Precautionary Maintenance? (TMK 169)
WHAT IS TEMPORARY ALIMONY?
WHAT IS ALIMONY?
Alimony is a legal obligation given by a court decision and is a financial allowance ordered by the court to be paid by the person or persons who are obliged to take care of the person who will fall into poverty in the event that the conditions stipulated in the law occur or the person whose custody is left to him for the joint child.
WHAT ARE THE TYPES OF ALIMONY?
Precautionary Alimony:
It is a type of temporary alimony paid to the spouse who will fall into poverty with the filing of the divorce case or to the party whose custody is left to him/her to be used for the benefit of the child under the age of 18 until the divorce case is finalised.
Participation Alimony:
As a result of the divorce case, the alimony ordered for the mother or father who has the right of custody to contribute to the expenses to be made by the mother or father who does not have the right of custody for the child is the participation alimony. This alimony starts from the finalisation of the divorce case and continues until the date the child becomes an adult. With the alimony of participation, it is aimed to contribute to the care and protection of the child by the spouse who does not have the right of custody of the minor child.
Poverty Alimony:
Poverty alimony is the alimony paid by the other spouse for the maintenance of the person who will fall into poverty, provided that it is proved that his/her fault is not more severe in the termination of the marriage union. The law does not stipulate a period of time for poverty alimony. This alimony is indefinite unless the conditions that eliminate poverty alimony are realised.
Support Alimony:
In the event that a person falls into poverty, it is a type of alimony paid to that person by his/her descendants or siblings whose financial situation is better than him/her.
Precautionary alimony is a temporary alimony and, as its name suggests, it has a preventive purpose. According to Article 169 of the Turkish Civil Code, when a divorce and separation case is filed, the judge takes temporary measures ex officio, which are necessary during the continuation of the case, especially regarding the accommodation and subsistence of the spouses, the management of the property of the spouses and the care and protection of the children. As it can be understood from the article of the law, injunctive alimony is one of the temporary measures taken by the judge to protect the living standards of the spouses and children in divorce cases.
Provisional alimony in a divorce case is the monetary contribution provided by the other spouse to the spouse who will fall into poverty or to the party who is left with the children as a precautionary measure, until the divorce decision is finalised for the care and protection of the children. Injunctive alimony awarded during the separation case continues during the separation judgement. The law does not discriminate between genders in terms of injunctive alimony. Although injunctive alimony is mostly awarded in favour of women, there is no legal obstacle to the award of injunctive alimony in favour of men if appropriate conditions are met.
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