Turkiye moves to reform alimony laws amid women’s financial safety concerns

Türkiye is introducing significant reforms to its divorce and alimony regulations, aiming to expedite legal proceedings and develop a fairer approach to financial support post-divorce.

The proposed changes seek to prevent indefinite alimony payments in cases of one-day or short-lived marriages while integrating a mediation system to minimize grievances for both parties.

The new legal framework is designed to accelerate divorce proceedings by handling alimony, asset division, and child custody as separate cases. This shift is expected to reduce the prolonged duration of divorce cases and enhance judicial efficiency.

Ending lifetime alimony for short marriages

A key component of the reform is the removal of lifelong alimony payments, particularly in cases where marriages last only briefly. Under the current system, individuals can be required to pay indefinite alimony regardless of the marriage’s duration, leading to prolonged financial obligations.

The proposed adjustments aim to introduce clearer criteria for determining alimony, ensuring that financial support obligations are more equitable. 

A civil law professor in Istanbul, Hasan Fehim Ucisik has stated regarding the current law that “It is ignoring the right to social security and forcing an ex-spouse to pay alimony for years contradicts both national and international legal frameworks.”

Key factors to be considered include the duration of the marriage, the recipient’s age and financial status, the presence of children, and the degree of fault attributed to each party. By implementing these criteria, the reform seeks to create a fairer framework for post-divorce financial arrangements while addressing long-standing concerns regarding indefinite alimony payments.

However, if the recipient is unable to work because of age or health conditions, alimony payments may continue without a time limit.

New approach

The reforms, which align with the broader objectives of Türkiye’s Judicial Reform Strategy Document, suggest a structured timeframe for alimony payments based on the length of the marriage. According to the new proposals:

For marriages lasting up to three years, alimony payments will be capped at a maximum of five years. In cases where marriages last between five and six years, alimony obligations may extend up to seven years. As part of the reforms, the practice of indefinite alimony will gradually be eliminated, ensuring that financial responsibilities are distributed more equitably based on the duration of the marriage.

This approach is intended to balance financial responsibilities between ex-spouses while preventing long-term financial dependency in cases of short-term unions.

Separate legal proceedings

Another significant aspect of the reform is the separation of key legal matters within divorce cases. Under the current system, alimony, asset division, and child custody are handled within the same case, often leading to extended legal battles lasting several years. The revised framework proposes addressing these issues in distinct legal proceedings, a practice already implemented in several European countries.

Legal experts involved in drafting the changes argue that this method will prevent unnecessary delays and ensure a swifter resolution for both parties. By aligning with international standards, Türkiye aims to modernize its family law system while safeguarding the rights of all individuals involved.

Role of mediation

A crucial addition to the reform package is the implementation of a mediation system for resolving disputes between divorcing spouses. This initiative is designed to encourage amicable settlements, reducing the emotional and financial toll of prolonged court cases. Mediation will be encouraged in cases involving asset distribution, alimony disputes, and child custody arrangements, facilitating agreements that are mutually acceptable to both parties.

The reform package, jointly developed by the Ministry of Justice, the Ministry of Family and Social Services, and legal experts within the ruling Justice and Development (AK Party), is expected to be presented for legislative approval in the near future. The reforms are expected to reduce the backlog in family courts by streamlining divorce proceedings and handling key legal matters separately.

By introducing structured guidelines for alimony, the changes aim to create a more equitable financial support system post-divorce. Additionally, addressing asset division and child custody in distinct cases will bring more clarity and efficiency to legal processes. These adjustments are anticipated to alleviate both financial and emotional burdens on divorcing couples, ensuring a smoother transition for all parties involved.

With these reforms, Türkiye seeks to create a more efficient and just family law system, aligning with international best practices while addressing long-standing concerns surrounding divorce proceedings and alimony regulations.