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Türkiye's Constitutional Court has annulled the legal rule allowing indefinite poverty alimony after divorce, with the decision set to come into force in nine months.
The court made the ruling by majority vote after reviewing an application from the Antalya 12th Family Court, which sought the annulment of the provision in Article 175 of the Turkish Civil Code concerning the indefinite nature of poverty alimony.
The annulment will not take effect immediately. According to information obtained, the Constitutional Court ruled that the cancellation should come into force after nine months.
The detailed decision has not been released yet. Once published, it is expected to lay out the court's legal reasoning behind the annulment.
Poverty alimony, known in Turkish law as yoksulluk nafakasi, refers to financial support that a former spouse may request after divorce if the separation would leave them in poverty.
Article 175 of the Turkish Civil Code currently states that the party who would fall into poverty because of divorce may request indefinite alimony from the other party, provided that they are not more at fault in the divorce. The amount is determined according to the financial capacity of the person required to pay.
The same provision also states that fault is not required for the alimony payer.
The Constitutional Court's majority decision means the indefinite aspect of the provision will be removed once the annulment takes effect.
For now, the current rule remains in place until the end of the nine months.
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