POVERTY ALIMONY

The Court of Cassation accepts that poverty will not disappear in the cases of widows and orphans, old age pensions and minimum wage work of the alimony creditor according to the characteristics of the concrete event. The social and financial situations of the parties determine whether the person will fall into poverty or not.

The judge cannot decide the alimony of poverty ex officio. The alimony creditor must necessarily demand it. It can be requested until the final decision is made. Poverty alimony can be requested in a divorce case, or it can also be filed within one year after the finalization of the court decision ending the marriage with divorce. This case, filed in the form of an independent lawsuit, is filed in the settlement court of the alimony creditor.

Alimony is a right that depends on the individual. A prior waiver or waiver does not constitute a definitive provision. It can be requested by a separate lawsuit.

Poverty alimony can also be ruled for the spouse in whose favor material and moral compensation is ruled in the divorce case. The Court of Cassation recognizes that the legal characterization of both institutions is different, and regardless of the amount of compensation awarded, poverty alimony should also be awarded if there are conditions for it.

Can Poverty Alimony Be Ruled If the Parties Are Equally Defective?

The condition for the provision of poverty alimony regarding the defect, as mentioned above, is that the fault of the person making the request is heavier than the fault of the other party. Therefore, in the event of the existence of an equal defect, the poverty alimony may be ruled as the fault of the party who has made the request will not be heavier than the fault of the other party.