Alimony system set for overhaul under proposed judicial package

Alimony system set for overhaul under proposed judicial package

ANKARA
Alimony system set for overhaul under proposed judicial package

 

Türkiye’s ruling Justice and Development Party (AKP) is preparing legislation that would introduce time limits for alimony payments, allow courts to extend them in certain circumstances and separate divorce proceedings from disputes over issues such as property division.

The proposed changes are expected to be submitted to Parliament in October as part of the 13th Judicial Package, following a Constitutional Court ruling on June 4 that annulled an existing provision concerning indefinite alimony.

According to news network CNN Türk, the draft would base the duration of alimony primarily on the length of the marriage. Under the proposal, couples married for three years would be eligible for alimony for up to five years, while those married for five years could receive payments for seven years. For marriages lasting 10 years, alimony could continue for 12 years.

The period between the date of marriage and the filing of the divorce case would be used to calculate the duration. In general, alimony could be paid for half the length of the marriage, subject to the minimum periods set out in the draft.

Courts would be able to extend payments when the recipient is unable to work or is elderly. Older women would have to apply to a court within one year after the original alimony period expires if they seek additional support. Failure to apply within that period would reportedly prevent further claims.

The proposal could also change how alimony is paid. Although courts could initially order monthly payments, they could later decide that the remaining amount should be paid as a lump sum.

The changes would not immediately terminate alimony awarded in divorce cases that have already become final. Under the draft, people currently receiving alimony would continue to receive payments for another year.

The government is also considering procedural changes aimed at speeding up contentious divorce cases. Under the proposed system, courts would first rule solely on whether the marriage should be dissolved. Disputes over alimony, child custody and division of property, which can prolong divorce proceedings, would then be handled separately.

The draft also proposes reducing the statute of limitations for lawsuits arising from property division from the current 10 years to five years.

The planned overhaul seeks to establish a more predictable framework for alimony while reducing the length and complexity of divorce litigation.