Constitutional Court to rule on indefinite alimony

The constitutionality of the indefinite alimony practice, a recurring topic in divorce cases, has been brought back to the Constitutional Court's agenda following an application by the Antalya 12th Family Court. The court's request for the cancellation of the phrase "indefinitely" in Article 175 of the Turkish Civil Code will be addressed at the Constitutional Court's meeting on Thursday, June 4.

The court in Antalya, while reviewing a divorce file, concluded that the regulation on indefinite poverty alimony in the law was unconstitutional and referred the matter to the high judiciary. Within the scope of the objection, the cancellation of the phrase "indefinitely" in the provision, "The party who will fall into poverty due to divorce may request alimony from the other party indefinitely in proportion to their financial means, provided that their fault is not greater," was requested.

THE HIGH COURT HAD RULED ON THE SAME ISSUE IN 2012

In fact, this issue had previously come to the agenda of the high judiciary. In 2012, the Kestel Civil Court of First Instance filed an application regarding the same phrase, alleging it violated various articles of the Constitution, but the Constitutional Court rejected the request to cancel the "indefinite alimony" practice. In the justification for its decision, the court emphasized that protecting the spouse who would be victimized due to divorce is a requirement of the principle of a social state governed by the rule of law.

Later, although a similar application was made by the Ankara 5th Family Court in 2015, the file was not processed, citing the rule in effect at the time that "an application for the cancellation of the same provision cannot be made before 10 years have passed."

The decision to be taken after the meeting on June 4 will also provide an answer to the question of whether the indefinite alimony practice will continue in divorce cases.