The draft text prepared by the Ministry of Justice and the AKP Group following the Constitutional Court's decision regarding indefinite alimony has failed to receive the approval of President Recep Tayyip Erdoğan. According to information obtained, Erdoğan requested that the regulation be reconsidered in a way that does not cause grievances for one segment while satisfying another.
The Constitutional Court had annulled the phrase "indefinitely" regarding poverty alimony found in Article 175 of the Turkish Civil Code. The decision dated June 4, 2026, was published in the Official Gazette on September 30, 2026. Following this decision, the regulation prepared was planned to be brought to the agenda within the scope of the 13th Judicial Package.
WHAT FORMULA WAS IN THE DRAFT?
The draft envisaged determining the alimony period based on the duration of the marriage. Accordingly, it was planned that alimony would be paid for 5 years in marriages lasting up to 10 years, and for half the duration of the marriage in marriages exceeding 10 years. The option of paying alimony for at least 5 years, even if the marriage lasted 6 months or 1 year, was also included in the text.
In longer marriages, it was being evaluated to determine the alimony period based on half of the time elapsed from the date of marriage to the date the divorce case was filed. Taking into account the income status of the parties in divorces and granting discretionary power to the judge were also among the headings in the draft.
However, it is stated that there are disagreements within the AKP regarding the text and that assessments are being made that the regulation in its current form could draw public backlash. For this reason, it is expected that work will be done on a new formula based on criteria such as the economic and social status of the parties and their ages.
Among the options on the agenda is the abolition of indefinite alimony in cases where the financial status of the parties is equal in uncontested divorces. In cases where financial means are not equal, the formula of leaving it to the judge's discretion whether to rule for indefinite alimony is being emphasized. In this context, it is stated that the current formula based on the duration of marriage will also be reviewed.
News Source: 12punto
