Changes to indefinite alimony practice planned with the 13th Judicial Package

AK Party deputies, under the chairmanship of Group Chairman Abdullah Güler, have started preparations for the legislative proposal known in public as the 13th Judicial Package. Following the completion of the work, the proposal is planned to be submitted to the Presidency of the Grand National Assembly of Turkey (TBMM).

Within the scope of the prepared draft, in line with the Constitutional Court's annulment decision regarding indefinite alimony, it is planned to amend Article 175 of the Turkish Civil Code. It is envisaged to remove the term "indefinitely" from the expression "may request alimony indefinitely" in the current text and to have the alimony duration determined by the judge, provided it is not less than 3 years and does not exceed half the duration of the marriage.

While determining the duration of alimony in the regulation, criteria such as the date the divorce case was filed, the age, education and health status of the creditor, their ability to support themselves, and the effect on the debtor's post-divorce life will be taken into consideration. In cases where the creditor becomes unable to work due to the debtor's wrongful act, advanced age, or lack of regular income, the judge will be able to determine a longer period. It is also envisaged that the new provisions will be applied to ongoing cases and that transitional provisions will be prepared for finalized decisions.

The Judicial Package also includes appeal regulations regarding divorce cases. According to the draft, some decisions of regional courts of appeal to dismiss applications on the merits regarding divorce and its accessories are planned to be included among the decisions that cannot be appealed, thereby closing the path of appeal in custody, alimony, and compensation disputes.