The Conditions for the Payment of Alimony and the Legal and Criminal Guarantees for Non-Payment of Alimony in France and Turkey

Among the financial obligations arising from married life, the provision of essential expenses, defined as alimony, is a key element addressed within various legal systems. In the civil legal traditions of both Islamic customary law in Turkey and Romano-Germanic law in France, the obligation to pay alimony is fundamentally reciprocal and mutual between spouses. In French law, this obligation is influenced by the marital property regime, either based on "separation of property" or "community of assets." In contrast, Turkish law primarily addresses alimony obligations in the post-divorce phase, encompassing categories such as poverty alimony, child support, and temporary or precautionary alimony. The duration of alimony payments in Turkey is indefinite post-divorce, with specific exceptions terminating the obligation, whereas in French law, the duration is capped at one year. Regarding criminal enforcement measures, both legal systems utilize imprisonment as a deterrent, with Turkish law prescribing up to three months' imprisonment and French law imposing up to two years of imprisonment alongside a fine of €15,000. This descriptive-analytical study reveals that, in terms of civil enforcement, both systems permit the garnishment of the debtor’s monthly income. French law, on the other hand, introduces additional measures, such as granting the recipient the right to file for divorce, while Turkish law prioritizes alimony debts over other obligations.