Minister of Justice Akın Gürlek announced that a new regulation regarding the practice of indefinite alimony will be submitted to the Grand National Assembly of Turkey. The new study aims to take into account the duration of the marriage, the economic conditions of the parties, and the specific circumstances of the case when determining the duration of alimony.
Gürlek stated that the regulation, which is expected to be on the agenda in the new legislative term of Parliament, aims to create a fairer system. In his assessment of the current practice, he expressed that paying alimony for life after very short marriages creates controversy in terms of fairness.
Minister Gürlek also emphasized that women should not be victimized in the upcoming regulation. Accordingly, it is planned that judges will be able to make decisions by evaluating the conditions of each file separately.
JUDGE WILL DECIDE BASED ON THE SPECIFIC CASE
With the proposed change, the judge will be able to set a specific duration for poverty alimony by taking into account the duration of the marriage and the economic situation of the parties. However, the regulation will not mean that time-limited alimony will be granted in every case; a decision for indefinite alimony will also be possible depending on the circumstances of the specific case.
The process gained momentum after the Constitutional Court (AYM) annulled the phrase regarding the payment of poverty alimony "indefinitely" in Article 175 of the Turkish Civil Code. Taking into account the legal vacuum that the decision could create, the AYM postponed the entry into force of the annulment provision by 9 months.
According to this schedule, the annulment provision will enter into force on June 30, 2027. By this date, the TBMM is expected to make a new legal regulation regarding the duration of poverty alimony. The scope of the regulation and how it will be applied to existing alimony decisions will become clear during the legislative process.
The AYM decision does not completely eliminate poverty alimony. According to the current system, the party who will fall into poverty due to divorce can request alimony in proportion to the financial power of the other party, provided that they are not more at fault than the other spouse in the events leading to the divorce. This right is not exclusive to women; men who meet the conditions can also request poverty alimony.
There is no fixed year limit for poverty alimony in the current legislation. However, if the person receiving alimony remarries, the alimony ends automatically. In cases such as the disappearance of poverty, living as if married in practice, or a significant change in the economic situation of the alimony payer, the removal or re-evaluation of alimony may come to the agenda through a court decision.
Poverty alimony and child support (iştirak nafakası) paid for a child are considered different regulations. Child support is paid to contribute to the child's care, education, health, and other living expenses and generally continues until the child reaches the age of majority.
News Source: 12punto
