Turkish Supreme Court overturns poverty alimony award to financially stable divorced spouse

The 2nd Civil Chamber of Turkey's Supreme Court (Yargıtay) annulled a lower‑court decision that had granted "yoksulluk nafakası" (poverty alimony) to a divorced woman despite her regular pension and income. The case, filed in Istanbul by D. Z against his wife L. Z, saw the family court and the Regional Court of Appeal uphold both the divorce and the alimony award. On appeal, Yargıtay ruled that under Article 175 of the Turkish Civil Code, poverty alimony may be awarded only when the claimant will become impoverished as a result of the divorce. Because the woman had steady earnings and would not fall into poverty, the court deemed the alimony order unlawful and reversed it, while confirming the divorce itself.

The decision clarifies that courts must assess the financial situation of the requesting spouse and that an alimony award cannot be granted where the claimant is not demonstrably indigent after separation.