CONSIDERATION OF THE TIME PROBLEM IN ALIMONY WITHIN THE FRAMEWORK OF DOCTRINE, COURT DECISIONS AND, ANGLO-AMERICAN LAW'S APPROACH TO THE SUBJECT

Abstract

One of the financial consequences of divorce is alimony. Alimony is regulated in Art. 175 of the Turkish Civil Code. According to Art. 175/I of the Turkish Civil Code, the party who will fall into poverty due to divorce can ask for alimony indefinitely in proportion to his financial strength, provided that the fault is not more severe. The expression "may request alimony indefinitely" in the current provision has been the subject of debate in the doctrine. When the decisions of the Supreme Court are examined, the problems experienced regarding the duration of the poverty alimony and the source of the debates arising from this are the judicial practices. As it is understood from the Supreme Court decisions, in cases where alimony is requested indefinitely, it is decided to grant alimony indefinitely. This practice means taking away the discretion of the judge. However, the limits of the judge's discretion are not understood from the current legal regulation. In the study, it has been examined that poverty alimony should be limited in terms of time, taking into account the "clean break" principle.