SERPİL SAVUMLU

Istanbul – The women’s right to alimony is again on the agenda of the Turkish government. The government brought this issue on the agenda many times but it had to take a step back when women’s organizations flocked to the streets to protest it. Recently, many press outlets have published articles about the “victimized men” who have to pay alimony. According to current legislation, a spouse who risks poverty after divorce, and who is not responsible for the marriage’s failure, has the right to demand alimony for an unlimited period of time. But the government brings this issue on the agenda of Turkey again to limit the period of time for alimony. In 2016, the Turkish Parliament set up an investigation commission called the Divorce Commission to look into the causes of divorce in order to decrease the rate of divorces in Turkey. The commission prepared a report in 2016 and put the right to alimony on the agenda. While the report prepared by the commission aimed to make women take a step back to file divorce cases, it ignored the concerns of women about how they would live after getting divorced. In the report, the commission also proposed a regulation in which women would lose their rights completely if they did not file a division of property lawsuit in one or two years.

"Limited period of time for alimony"

Article 175 of the Turkish Civil Code defines alimony as follows: “The party to be driven to poverty due to divorce can demand alimony for the subsistence of the other party indefinitely to the extent permitted by their financial power provided that the party demanding alimony is not at more fault.” A legal amendment concerning the right to alimony is reportedly included in the 6th Judicial Package. According to the received reports, the proposed amendment includes the change of “indefinitely” into “temporary”. 

"Women cannot participate in the labor force"

The parties who fall into poverty due to divorces are children and women. The ongoing economic crisis and inequality in Turkey are some of the most visible reasons for this. According to the Global Gender Gap Report 2021, women’s labor force participation rate was 38.5% in Turkey. The female population over the age of 15 who don’t participate in the labor force in the country is more than 20 million. Women cannot participate in the labor force for many reasons such as wage inequalities, working hours, lack of nursery services. 

"Women are forced to choose"

In Turkey, married women are forced to stay at home and take care of their children. They also have to cook, clean the houses and take care of older adults. When they want to participate in the labor force, they are generally prevented by their husbands. And all these make women economically dependent. This dependency causes women to not ask for a divorce even if they are subjected to violence. Married women are forced to choose poverty or violence. Divorced women have to make a great effort to survive. They also have to meet the needs of their children. In these circumstances, they need alimony for themselves and their children. The right to alimony is an important support for women to continue their lives.

The average monthly alimony paid to women in Turkey is between 300-400 Turkish liras. The amount of alimony is actually much lower than expected; it is lower than minimum wage, hunger, and poverty lines. The aim of the proposed amendment is to confine women to the home. The ruling party tries to remove women's rights and achievements that women have gained through struggle. The ruling party, which draws its strength from the patriarchal system, keeps standing by men. For this reason, the women’s right to alimony is discussed on the victimization of men not the reality of women