17.05.2026 20:10
The Court of Cassation annulled the decision to grant 'alimony for poverty' to a divorced spouse who has a regular income, finding it contrary to law. The ruling stated, 'In order to award alimony for poverty in favor of the divorced spouse, it is necessary that the spouse requesting alimony would fall into poverty due to the divorce.'
The 2nd Civil Chamber of the Court of Cassation reversed the decision to award alimony to a divorced spouse who had regular income, finding it contrary to law.
LOCAL COURT RULED FOR ALIMONY
According to the Chamber's decision, D.Z, living in Istanbul, filed a lawsuit for divorce from his spouse. The defendant wife L.Z filed a counterclaim, alleging that her husband was also at fault in their marriage.
The 11th Family Court of Istanbul, which conducted the trial, determined that the plaintiff husband D.Z was more at fault, that the marital union was fundamentally shaken, and ruled for the divorce of the parties, additionally ordering alimony for the woman.
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COURT OF CASSATION REVERSED THE DECISION
Upon appeal, the 42nd Civil Chamber of the Istanbul Regional Court of Appeals reviewed the file and found the local court's decision appropriate.
Thereupon, the plaintiff D.Z objected to the decision rendered by the local courts regarding the determination of fault and alimony.
The 2nd Civil Chamber of the Court of Cassation, reviewing the appeal, approved the decisions regarding divorce and other matters but reversed the local court's decision regarding the "alimony" awarded to the woman.
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“THE SPOUSE MUST BECOME IMPOVERISHED DUE TO THE DIVORCE”
In the decision subject to appeal, it was noted that the local court had ruled for alimony payment to the woman, but it was stated that the woman was retired from abroad, had regular income, and would not become impoverished by the divorce.
In the Chamber's decision, referring to Article 175 of the Turkish Civil Code, it was evaluated: "To award alimony in favor of the divorced spouse, the spouse requesting alimony must become impoverished due to the divorce."
It was stated in the decision that the local court, without evaluating this situation, ruled for alimony payment in favor of the woman: "While the defendant woman's request for alimony should have been rejected, accepting it as written is contrary to procedure and law and necessitates reversal."