The "indefinite alimony" regulation, which the AKP has kept on its agenda for nearly 10 years, has been removed from the 13th Judicial Package after President Recep Tayyip Erdoğan requested that the draft text be reworked.
According to information obtained from party sources, the regulation will be brought back to the Parliament's agenda after the opinions of women's associations, academics, family court judges, legal experts working in the field of family law, and relevant ministries are taken. However, it is not yet known when the timeline will be finalized.
The process accelerated after the Constitutional Court annulled the phrase "indefinitely" regarding poverty alimony in Article 175 of the Turkish Civil Code on June 4, 2026. Following the publication of the reasoned decision in the Official Gazette on September 30, a nine-month period was granted to the Grand National Assembly of Turkey (TBMM) for a new regulation.
While the alimony heading was expected to be added to the 13th Judicial Package being worked on by the Ministry of Justice, it was stated that Erdoğan expressed reservations about the draft during an AKP Central Decision and Administrative Board meeting. According to sources, Erdoğan requested comprehensive consultations, stating that while the regulation might satisfy one segment, it could create grievances in others.
FORMULAS BACK ON THE TABLE
The initial draft envisioned determining the alimony duration based on the length of the marriage. One of the options discussed planned for five years of alimony payments for marriages lasting up to 10 years, and for marriages exceeding 10 years, the alimony duration would be half the length of the marriage. Paying alimony for at least five years, even if the marriage was short, was also among the options.
In the new study, instead of a model based solely on the duration of the marriage, it is expected that criteria such as the economic status, age, social conditions, and post-divorce livelihood opportunities of the parties will be taken into account. Among the topics being evaluated are the removal of alimony in consensual divorces if the parties' financial conditions are equal, and granting the judge broader discretionary power in cases where there is inequality.
In AKP circles, a formula is also being discussed where "indefinite alimony" is not completely abolished, but the judge can rule for time-limited or, in cases deemed necessary, indefinite alimony after examining the conditions of the parties. Party officials point out that divorce and alimony processes directly affect women, men, and children, and express the view that social habits cannot be changed overnight.
The regulation has long been seen as a politically sensitive topic due to objections from women's organizations regarding the loss of rights and the victimization of women who have no economic security, especially after divorce. The fact that housewives without social security are also included in the AKP's broad voter base is considered one of the factors that have made it difficult to bring the issue to the Parliament's agenda until now.
While Turkey is expected to enter an election atmosphere starting in early 2027, the timeline for how the government will handle a regulation that could create social backlash is also significant. AKP sources, however, argue that the Constitutional Court's decision has changed the picture this time and that a new legal framework must now be established.
On the other hand, a regulation aimed at shortening the duration of divorce cases is expected to be included in the 13th Judicial Package. According to one of the formulas being worked on, the divorce decision will be given first; topics such as alimony, property division, and custody will be handled in separate cases. This is intended to prevent these disputes from delaying the divorce decision.
News Source: 12punto
