Turkish Court of Cassation overturns alimony ruling

The Turkish Court of Cassation (Yargıtay) has overturned a lower court decision regarding the awarding of poverty alimony to a woman whose income level was comparable to her ex-husband.

The case originated in Istanbul, where the Bakırköy 13th Family Court granted a divorce and ordered the payment of alimony to the woman, a decision later upheld by the Istanbul Regional Court of Justice. However, upon appeal, the 2nd Civil Chamber of the Court of Cassation ruled that the alimony award was unlawful.

The high court noted that the woman is a retiree with a regular and fixed income, and that the income levels of both parties were nearly equal or equivalent. Consequently, the court determined that the conditions for poverty alimony, as defined under Article 175 of the Turkish Civil Code (No. 4721), had not been met.