Statement from Minister of Justice Gürlek about indefinite alimony: 'It is against justice'

Minister of Justice Akın Gürlek spoke about the indefinite alimony regulation that will be repealed after 9 months.

Reminding that the Constitutional Court gave an annulment decision upon the application of the first instance court, Minister Gürlek said, "A period of time was given to make a new law within 9 months." he said.

Stating that they made a statement about indefinite alimony before the closing of the Turkish Grand National Assembly and that they will present the package on this issue, Minister Gürlek said, "Indefinite alimony is against justice. Staying married for one day and receiving alimony for life is against both conscience and equity." he said.

Stating that they want to make a more equitable regulation with the new regulation, Minister Gürlek said, "Our women should not be victimized. Our judges can make a decision based on concrete events, the economic situation of the parties and their grievances. The duration of the marriage will also be taken into account. Our judge can give indefinite alimony or set a period if he wishes." He made a statement.

Constitutional Court CANCELED

The Constitutional Court annulled the phrase "indefinitely" in the poverty alimony regulation in Article 175 of the Turkish Civil Code on September 30, finding it unconstitutional.

Considering the legal gap that the annulment would create, the Constitutional Court postponed the entry into force of the provision for 9 months. Accordingly, the cancellation will come into force on June 30, 2027.

During this period, the Turkish Grand National Assembly is expected to determine new rules regarding the duration of alimony. However, the scope of the regulation and transitional provisions, if any, will be clarified through the legislative process.

THE RIGHT TO POVERTY SUPPORT CONTINUES

The Constitutional Court's annulment does not cover the entire article regulating poverty alimony. The regulation that the party who will fall into poverty due to divorce can request alimony from the other spouse in proportion to his financial ability, provided that the fault is not more severe, is preserved.

WHAT IS POVERTY ALIMONY?

Poverty alimony is the payment made by the other spouse to support the livelihood of the spouse who will fall into poverty due to divorce. According to Article 175 of the Turkish Civil Code, the person making the request must not be more seriously at fault than the other spouse in the events that led to the divorce. The amount of alimony is determined by taking into account the financial power of the paying party; It is not necessary for the payer to be at fault. This right is not only granted to women; Men who meet the conditions can also request alimony.

There is no year limit in the law for this type of alimony. However, this does not mean that alimony will continue throughout life and under all circumstances.

For example, if the person receiving the alimony remarries, the alimony ends automatically.

In addition, by court decision;

- Living as if you were actually married,

- Elimination of poverty,

- Earning regular income,

- Proving the allegation of a dishonorable life,

- Alimony is terminated in cases where the alimony obligor loses his ability to pay.

- In child support, child support is paid to the parent receiving custody until the child becomes an adult.

This type of alimony aims to contribute to the care, education, health and living expenses of the child who generally remains with the mother after the divorce.

Generally, it lasts until the child turns 18, and after that, if education continues, child support comes into question.

INDEFINITE ALIMONY CAME IN 1988

This limit for poverty alimony, which was limited to one year in the original version of the Old Civil Code, was abolished in 1988. With Law No. 3444, the spouse who will fall into poverty due to divorce can request alimony without a predetermined end period, if he meets the necessary conditions.

The same regulation was preserved in Law No. 4721, which came into force in 2001.