Types of Alimony in Divorce Cases 3 Types of Alimony
Types of Alimony in Divorce Cases 3 Types of Alimony is one of the financial consequences of divorce, as it is money that needs to be paid monthly by one party to the person who will face financial difficulties during or after the divorce case. The amount of alimony can be decided by the parties or determined by the judge. Alimony rights do not pass to heirs as it is a personal debt, and this right ends with death.
Types of Alimony in Divorce Cases 3 Types of Alimony; Within the scope of Family Law, the types of alimony in divorce cases are Temporary Alimony, Child Support, Poverty Alimony, and Maintenance Alimony.
What is Temporary Alimony? Who Can Benefit from Temporary Alimony?
Temporary Alimony is a type of temporary alimony paid to the spouse who will fall into poverty or for the benefit of children under 18 years old to the party granted custody, from the start of the divorce case until it is finalized.
When deciding on temporary alimony, the fault status of the spouses within the marriage union is not taken into account. It is not possible to determine who is at fault before the trial ends. Therefore, temporary alimony is a temporary measure taken by the court to prevent spouses and children from falling into financial difficulties during the divorce process. The judge can independently rule for Temporary Alimony in favor of the party with insufficient financial means throughout the divorce process.
When is Temporary Alimony Paid?
Temporary alimony begins with the judge’s decision. It is ordered by an interim decision given by the judge. There is no waiting period or duration for this decision to become final. The obligation to pay temporary alimony begins for the obligor as soon as the decision for temporary alimony is made.
What is Child Support? Who Can Benefit from Child Support?
Child support is one of the consequences of divorce related to children. Child support is a monthly payment that must be paid by the spouse who is not granted custody to the spouse who is granted custody, for the health, care, and education expenses of the child or children, in proportion to their financial means, after divorce, separation, or the end of the marriage union.
Since the duty of care and upbringing of the child will naturally be imposed on the parent who has custody rights, the legislator has obligated the other party to participate in the expenses required for the duty of care and upbringing through this type of alimony. If child support is ordered with the divorce, it should start being paid after the case is finalized.
Until when Can Child Support be Received? Is Child Support Time-Limited?
First of all, child support is time-limited and continues until the child reaches the age of majority. When the child becomes of legal age, child support will also end.
What is Poverty Alimony? Who Can Benefit from Poverty Alimony?
The party who will fall into poverty due to divorce can request alimony indefinitely from the other party for their livelihood, in proportion to their financial means, provided that their fault is not more severe. This request must be explicitly stated in the divorce case. Otherwise, since it is ancillary to the divorce, the judge will not evaluate this request on their own. Poverty Alimony can be requested with the divorce case, or a separate case for Poverty Alimony can be filed within one year after the divorce judgment becomes final.
How is Poverty Alimony Determined?
The amount of alimony varies according to the social and economic conditions of the parties, which city they live in, and their expenses. Each case is different from one another. Therefore, in each case, the amount of alimony is determined by examining separately the economic and social conditions of the parties, the people they are obligated to care for, their expenses, and whether they are working or not. The determination of alimony amounts is at the discretion of the judge.
Until when Can Poverty Alimony be Received? Is Poverty Alimony Time-Limited?
There is no time limit for the payment of poverty alimony. Poverty Alimony is granted indefinitely to the party who will fall into poverty due to divorce. If the poverty of the spouse who has fallen into poverty ends, the alimony also ends. In addition, if the spouse receiving alimony remarries or lives with another man as if married, their alimony also ends. In these cases, a lawsuit must be filed to terminate the alimony. If the party paying alimony or the party receiving alimony dies, the alimony also ends. You can read my article for information about alimony increase lawsuit.
This blog post has been written to provide general information, and you can contact us for more detailed information about Divorce Cases and Types of Alimony Claims.
