The decision of the Constitutional Court annulling the regulation regarding indefinite alimony to the divorced spouse was published in the Official Gazette.
IT WILL ENTER INTO EFFECT ON JUNE 30, 2027
The Constitutional Court found the indefinite alimony regulation in the Turkish Civil Code unconstitutional. The court annulled the phrase "indefinitely" in Article 175 of the Law. The decision was published in the Official Gazette today. The cancellation clause will come into force nine months later, on June 30, 2027.
Poverty alimony was not abolished by the decision. The only thing that has been canceled is the clause that stipulates that the alimony will be indefinite. According to the court, the duration of alimony should be determined by the judge according to the circumstances of each case. The law should clearly state in which cases lifetime alimony will be awarded. The court granted a period of nine months to avoid a legal gap. During this period, the Turkish Grand National Assembly is expected to determine new rules.
What is poverty alimony? How was indefinite alimony regulated in Article 175 of the Turkish Civil Code?
Poverty alimony is a regular payment made by the other spouse to the spouse who has financial difficulties due to divorce. According to Article 175 of the Turkish Civil Code No. 4721, the party who falls into poverty due to divorce can request this alimony, provided that the fault is not more serious. Alimony is determined according to the financial ability of the person who will pay it. According to the article, the person who will pay the alimony does not have to be at fault.
There is no definition of the word "poverty" in the law. According to the Supreme Court, a person who does not have an income to meet basic needs such as food, clothing, shelter, health, transportation, culture and education is considered poor.
In today's system, alimony ends only in certain circumstances. If the person receiving alimony remarries or one of the parties dies, the alimony is automatically terminated. If the creditor lives as if he were married to someone without getting married, his poverty is eliminated, or he leads a dishonorable life, alimony is abolished by a court decision. Unless these situations occur, alimony debt can last a lifetime.
THE INDEFINITE ALIMONY RULE WAS INTRODUCED IN 1988
In the original version of the Old Civil Code, alimony was limited to one year. This time limit was abolished in 1988 with Law No. 3444, paving the way for alimony to be requested indefinitely. The Turkish Civil Code No. 4721, which came into force in 2001, maintained the same regulation.
ANTALYA 12TH FAMILY COURT REFERRED INDEFINITE ALIMONY TO THE CONSTITUTIONAL COURT
The rule came to the agenda of the Constitutional Court upon the objection of the Antalya 12th Family Court, which was handling a divorce case. In the way of objection, if the court hearing the case finds the rule to be applied unconstitutional, it can appeal to the Constitutional Court. According to the Family Court, indefinite alimony can extend the payment obligation until the end of the person's life. This prevents the person from remarrying, acquiring property, and protecting their new children. The court argued that the rule disproportionately limits the right to respect for private and family life and the right to property.
IN 2012, THE CONSTITUTIONAL COURT FOUND INDEFINITE ALIMONY IN ACCORDANCE WITH THE CONSTITUTION
The Constitutional Court had examined the same phrase before. In that case, Kestel Civil Court of First Instance filed an objection in its capacity as Family Court. The court claimed that the rule, especially Articles 2 and 10, was unconstitutional. The Constitutional Court rejected this request with its decision dated 17 May 2012. At that time, only one member of the Court, consisting of 17 members, cast a dissenting vote. In the 2012 decision, it was stated that indefiniteness does not mean that the alimony creditor will receive alimony until his death in any case. According to the court, the legislature's aim was to support the spouse who fell into poverty as long as the conditions continued and to meet his minimum living needs. It was also emphasized in the decision that the purpose of poverty alimony is not to enrich the creditor. The court viewed indefinite alimony as a requirement of the social rule of law principle.
