Alimony is derived from the word infak, which means feeding, sustenance, going out, going out, and spending. Alimony is the obligation of husband and wife to help each other, of descendants to descendants, of ascendants to descendants, of siblings to siblings in need. Poverty alimony is the alimony requested by the spouse who will fall into poverty due to divorce, provided that the fault of the other spouse is less.
According to the Civil Code, there are four types of alimony: precautionary, participation, assistance and poverty alimony:
Precautionary Alimony: It is a type of alimony that is awarded by the judge upon the filing of the divorce case and, if deemed necessary, can continue until the result of the case is finalised, in order to prevent the living standards of the parties from changing negatively during the divorce process.
Alimony for Participation: It is a type of alimony that is awarded by the judge without any request in favour of the minor child against the spouse whose custody is not granted to him/her as a result of the divorce case.
Poverty Alimony: It is the alimony awarded against the other spouse in favour of the spouse who will fall into poverty due to the end of the marriage with a divorce decision.
Relief Alimony: Support alimony has no relation with the divorce case or marriage. It is a type of alimony that a person pays to his/her descendants and siblings who will fall into poverty if he/she does not help.
Poverty alimony; Poverty alimony can be requested when filing a divorce case, as well as after the divorce case is finalised, provided that it has not been requested before.
CONDITIONS FOR RECEIVING POVERTY ALIMONY
Obligation to request: The judge cannot decide on poverty alimony ex officio. The alimony creditor must request it. The party who did not request poverty alimony while filing the divorce case may claim it in the later process of the case. After the divorce case is concluded, he/she can file a separate lawsuit and file a lawsuit requesting poverty alimony. Lawsuit must be filed within one year after the finalisation of the court decision ending the marriage with divorce.
Th’e requesting spouse must fall into poverty due to divorce: The party (spouse) who will fall into poverty due to divorce may request poverty alimony, provided that he/she is not more at fault than the other party (spouse) (Article 175/1 of the Civil Code).
The party claiming alimony should not be seriously negligent: The party claiming poverty alimony must be less negligent than the alimony obligor spouse in the events that led to the divorce. If the parties are equally at fault, the judge awards poverty alimony.
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