16.10.2026 14:46
With the 13th Judicial Package prepared by the AK Party, in line with the Constitutional Court's annulment decision, the term 'indefinite' in the alimony provision of the Turkish Civil Code will be removed. The duration of poverty alimony will be determined by the judge, provided that it is not less than 3 years and does not exceed half of the marriage duration. The regulation will also apply to ongoing cases and finalized alimonies.
Regulations regarding alimony are also expected to be included in the 13th Judicial Package prepared by AK Party MPs.
According to information obtained by an AA correspondent, AK Party MPs have begun preparing the bill known to the public as the 13th Judicial Package under the chairmanship of Parliamentary Group Chairman Abdullah Güler.
With the 13th Judicial Package, which is planned to be submitted to the Office of the Speaker of the Grand National Assembly of Turkey in the coming days after the work is completed, a new arrangement will be made after the Constitutional Court's annulment ruling on "indefinite alimony."
THE TERM "INDEFINITE" IS BEING REMOVED FROM THE LAW
With the amendment to be made to Article 175 of the Turkish Civil Code titled "Poverty alimony," the term "indefinite" in the phrase "may claim alimony indefinitely" will be removed within the framework of the Constitutional Court's annulment ruling.
According to the new paragraph to be added to the article, the duration of alimony will be determined by the judge, taking into account criteria such as "the period from the date of marriage until the date the divorce case was filed," "the age of the spouse entitled to alimony," "education and health status," "the means and ability to meet their economic needs through their own resources," and "the effect on the alimony obligor's life after divorce," provided that it is not less than 3 years and does not exceed half of the period from the date of marriage until the date the divorce case was filed.
If the spouse entitled to alimony becomes unable to work due to a tortious act of the alimony obligor, or if the spouse entitled to alimony, whose age has advanced depending on the duration of the marriage, has no regular income, the judge may determine a longer alimony period according to the requirements of the situation, regardless of the period from the date of marriage until the date the divorce case was filed.
EXISTING ALIMONY WILL ALSO BE SUBJECT TO THE NEW DURATION
The amendment will also apply to ongoing cases, including those under legal remedy review as of the date the regulation enters into force.
In addition, for alimony claims that have become final as of the date the regulation enters into force, the alimony period from the date the judgment became final until the date the regulation enters into force will be compared with the alimony period calculated according to the amendment.
Upon comparison, if the previously elapsed alimony period is longer than the alimony period calculated according to the amendment, alimony will continue to be paid for an additional 1 year, and at the end of this period the alimony obligation will terminate automatically.
If the previously elapsed alimony period is less than the alimony period calculated according to the amendment, and the remaining period is 1 year or less, alimony will continue to be paid for an additional 1 year, and at the end of this period the obligation to pay alimony will have terminated automatically.
If the remaining period is more than 1 year, the obligation to pay alimony will be deemed to have terminated automatically upon the expiration of the period calculated according to the amendment.
THE CASSATION REMEDY IS BEING CLOSED IN DIVORCE CASES
With the bill, in addition to the alimony regulation, some changes will also be made regarding divorce cases. According to these regulations, decisions rejecting an appeal on the merits regarding divorce and the incidental consequences of divorce will be included among decisions that cannot be appealed to cassation.
No application may be made to the cassation legal remedy against either decisions rejecting on the merits an appeal against first-instance court decisions in divorce cases, or decisions rejecting on the merits an appeal against first-instance court decisions concerning custody, alimony, and compensation, which are incidental to divorce and filed together with or separately from the divorce case.
If the first-instance court and the regional court of appeals render different decisions, the cassation legal remedy may be applied against these decisions. Thus, the parties' right to a fair trial will be protected, and it will be aimed to conclude cases within a reasonable time in a matter such as divorce, which profoundly affects a person's life.