Turkish Constitutional Court upholds income cut for divorced couples cohabiting

Turkey’s Constitutional Court (Anayasa Mahkemesi) rejected a request to annul the provision in the Social Insurance Law that allows the suspension and recovery of income benefits for divorced individuals who continue to live with their former spouse. The court held that the regulation – set out in Article 56/2 of Law No. 5510 – is clearly defined, procedurally sound and serves the legitimate aim of preventing abuse of social‑security assistance and preserving the system’s sustainability. It affirmed that the rule applies when a divorced person “continues to live together with the former spouse” and that any payments made can be reclaimed under Article 96.

The decision confirms that the limitation on property rights meets constitutional standards, meaning the income and allowance cuts will remain in force for the affected divorced spouses and their children.