The Constitutional Court annulled the phrase “indefinitely” in Article 175 of the Turkish Civil Code, finding it contrary to Articles 2, 5 and 17 of the Constitution, by a majority vote. The decision was issued upon an application by the 12th Family Court of Antalya.
AYM stated that the current regulation does not allow the judge to determine the duration of alimony according to the circumstances of the specific case and that this could impose a heavy burden on the alimony debtor. It noted that the criteria for alimony to be granted for a fixed period or, under certain special circumstances, for life must be laid down in the law in a clear and foreseeable manner. The annulment decision will enter into force nine months after its publication in the Official Gazette.
Why it matters
The practical significance of the decision is that the approach producing the same outcome in every case concerning the duration of the alimony obligation will be reconsidered from a constitutional perspective. This places the assessment of personal circumstances and the severity of the burden at the center of the legal debate, particularly for those paying alimony. At the same time, the decision does not itself establish the criteria governing the circumstances under which, and the length of time for which, alimony recipients will be protected; the scope of the new regulation therefore remains an open question. While the nine-month postponement prevents the existing provision from disappearing immediately, it keeps on the agenda the need to establish in law a clear and foreseeable distinction between alimony for a fixed period and alimony for life under special circumstances.