Alimony

Divorce cases often involve disputes over important issues, one of which is alimony. Alimony can be requested as part of a divorce case or separately after the divorce decision through a separate lawsuit. When alimony is requested through a separate lawsuit after divorce, proportional court fees must be paid based on the requested alimony amount.

Types of alimony:

• Alimony for Poverty
• Participation Alimony
• Provisional Alimony

ALIMONY FOR POVERTY

For alimony for poverty to be ruled by the Family Court:

• There must be a filed divorce case or a finalized divorce decision.
• Alimony must be explicitly requested.
• The requesting spouse must be less at fault or less at fault compared to the other spouse.
• The requesting spouse must face poverty as a result of the divorce.

If these conditions are met together, the Family Court may rule for alimony indefinitely, taking into account the social and economic situations of the parties. Alimony ends if the receiving spouse dies, remarries, or if the poverty situation ceases.

PARTICIPATION ALIMONY

Participation alimony is the alimony that must be paid by the party to whom custody rights are not granted for the joint children for their care, education, upbringing, and sustenance expenses as a result of the divorce case. Participation alimony begins with the finalization of the divorce decision and continues until the children reach adulthood. Participation alimony is considered by the judge ex officio (on their own), evaluating each child separately based on their position, age, education, and care needs.

PROVISIONAL ALIMONY

In cases of separation and divorce, one of the issues that the judge must evaluate ex officio (on their own) in accordance with the mandatory provisions of the Civil Code is provisional alimony. The judge ensures the livelihood of the spouse and the care, sustenance, and education expenses of the joint children until the divorce case is finalized through provisional alimony. When determining the amount of provisional alimony, the social and economic situation of the parties is taken into account, and provisional alimony automatically ends with the finalization of the divorce decision.