Mutual Consent Divorce Decision from the Constitutional Court
Official titleDecision of the Constitutional Court Dated 26/3/2026 and Numbered E: 2025/210, K: 2026/70
The Constitutional Court unanimously rejected the request for the annulment of the statutory provision stipulating the termination of death/survivor pensions of those who actually continue to live together with their divorced spouses and the recovery of the paid amounts.
Details of the Regulation
The Istanbul Anadolu 21st Labor Court applied to the Constitutional Court requesting the annulment of the second paragraph of Article 56 of the Social Insurance and General Health Insurance Law No. 5510, which provides for the termination and clawback of income and pensions awarded to individuals who continue to actually live together despite being divorced from their spouses. In the application, it was argued that the rule in question was contrary to the right to property, the principle of equality, respect for private life, and the freedom to seek legal remedies.
In its examination on the merits, the Constitutional Court determined that the regulation aims to prevent the abuse of rights and to protect the state's limited social security resources. The Court stated that limiting the property rights of individuals who act contrary to the principle of good faith and secure unfair benefits relies on a legitimate public interest.
Consequently, the high court unanimously rejected the request for annulment, emphasizing that the rule complies with the criteria of legality and proportionality, constitutes a reasonable measure aimed at preventing the abuse of the right to social security, and does not violate the principle of equality.
Questions You Might Have
- Can the pensions of those who divorce their spouses on paper and continue to live together be terminated?
- Yes, if it is determined through SSI inspections that they are living together, pensions are terminated and the paid monies are recovered with interest.
- Why did the Constitutional Court not annul this rule?
- The Court concluded that the objective of protecting the state's limited social security resources against abuse is legitimate and proportionate.
Key Terms
- İtiraz Yolu
- The referral of a matter to the Constitutional Court by a local court on the grounds that the statutory provision to be applied during the hearing of a case is unconstitutional.
- Ölçülülük İlkesi
- The rule that limitations imposed on fundamental rights must be proportional, suitable, and necessary for the objective sought to be achieved.
- Hakkın Kötüye Kullanılması
- The exercise of a right contrary to the rules of good faith for the purpose of harming others or obtaining an unfair benefit.
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REGAS Commentary
This decision has definitively registered that inspections and retroactive collection procedures carried out against individuals who continue to receive survivor pensions irregularly from the state through mutual consent divorce are constitutionally in accordance with the law. If it is determined as a result of SSI inspections that citizens are divorced on paper but continue to live in the same house, they face the risk of their pensions being cut off and incurring heavy debt obligations.