Spousal Support (Alimony): Conditions, Amount and Termination

Three conditions must be met to award spousal support: (i) divorce must have been granted; (ii) the requesting spouse would be at risk of falling into poverty as a result of the divorce; (iii) the requesting spouse's fault must not be graver than the other's. In cases of equal fault, alimony may be claimed; the spouse predominantly at fault, however, may not claim spousal support.

The notion of 'poverty' is interpreted by the Court of Cassation as 'lack of even minimum means of subsistence.' Whether a spouse on the minimum wage falls into poverty is debated, although recent case law assesses the inadequacy of income on a case-by-case basis.

TMK m.175 expressly provides that spousal support may be claimed 'on an indefinite basis.' This does not mean alimony is necessarily lifelong; the court may remove or reduce it if circumstances change. In practice, the indefinite nature of the alimony may, depending on the continuance of the recipient's poverty, last for life.

The debated practice of 'indefinite alimony' has been the subject of recent legislative initiatives. Under the current legal framework, the judge sets the amount equitably, taking into account the parties' economic situation and the duration of the marriage.

Under TMK m.176/3 et seq., spousal support terminates automatically upon the remarriage of the recipient. If the recipient lives as if married without remarrying, ceases to be in poverty, or leads a dishonourable life, the alimony is terminated by court order.

Changes in the financial circumstances of the debtor may also be the subject of an action for reduction or increase of alimony (TMK m.176/4). Such actions are heard by the Family Court; the venue is the court of the recipient's residence.

In family-law matters, the legal assessment is made by taking into account the fault of the parties, the best interest of the children, their economic circumstances, and the lawfulness of the evidence. Message records, witness statements, bank transactions, medical reports and police reports become effective only when submitted in proper form.

Claims for divorce, support, custody, compensation and division of matrimonial property may produce independent outcomes. The petition must therefore clearly set out which claim is based on which facts and which evidence.

In disputes concerning children, the court takes into account the child's physical, emotional, educational and social needs rather than the parties' assertions. Social-investigation reports, school arrangements, health condition and the parents' communication style play an important role in the court's assessment.