Subtopic 4 — Alimony
Article 117:
(1) Upon conclusion of a valid and effective marriage contract, husband shall have to pay alimony,
even if wife dwells in her relatives’ residence. If wife unrightfully refuses to dwell in husband’s,
husband shall not be obligated to pay alimony.
(2) Wife has a right to refuse to go husband’s residence when the husband has not prepared a suitable
residence according to Articles (115 and 116) of this Law or if husband has not paid her due dowry.
Article 118:
Alimony of wife includes food, clothing, residence and appropriate medical treatment proportionate
to husband’s financial ability.
Article 119:
If husband refuses to provide alimony or his negligence is proven, the competent court shall compel
him to provide alimony.
Article 120:
Responsibility of providing alimony for wife shall not be extinguished upon imprisonment of husband,
even though he is not able to provide it.
Article 121:
If husband is absent, alimony of wife shall be provided out of his properties that could be considered as
alimony and are accessible to her. Otherwise, the alimony of wife shall be provided out of his properties
that are held by others as deposit or debt..
Article 122:
In the following cases wife is not entitled to alimony:
1 – She leaves the residency without permission of husband or for non-permitted purposes.
2 – She does not fulfill her marital duties.
3 – There is impediment for her to dwell in husband’s residence.
Article 123:
Alimony of wife shall be provided proportionate to of husband’s financial ability, provided that it is not
less than the minimum need of wife.
Article 124:
Increase and decrease of alimony shall be subject to husband’s financial ability and local fluctuation
of prices. Request for increase or decrease of alimony shall not be accepted before lapse of 6 months of
the date it was fixed.
Article 125:
If husband refuses to provide obligatory alimony, he shall be compelled to provide it since the date of
refusal.
Article 126:
Divorcee is entitled to alimony since the date of divorce until the end of the waiting period (Edat).
Article 127:
Claim of divorcee for alimony of the waiting period that exceeds more than one year since the date of
divorce, shall be rejected.
Article 128:
Obligatory alimony shall not extinguish except with provision or acquittal.
Article 129:
Acquittal of alimony before it is fixed shall be void, whether it is fixed by consent or by court. However,
acquittal of alimony after it is fixed shall be valid only when the acquittal refers to the past alimony.
Acquittal of alimony of coming day, week, month or year shall be valid only when the alimony is fixed
on the basis of day, week, month and year.
Article 130:
Husband’s debt of alimony to wife or debt wife’s debt may be offset upon the request of either of them.