Attorney Hüseyin Aydın – Alanya
The countdown has begun for indefinite poverty alimony (TR: Süresiz Yoksulluk Nafakası / DE: Unbefristeter Bedürftigkeitsunterhalt / RU: Бессрочные алименты по бедности), one of the most debated institutions of Turkish family law. The Constitutional Court (AYM) has annulled the phrase “indefinitely” in Article 175/1 of the Turkish Civil Code No. 4721 (TMK). The fact that the application for annulment came from the Antalya 12th Family Court makes the decision particularly significant for the Antalya and Alanya region.
The decision was published in the Official Gazette on 30 September 2026 and will enter into force nine months later, i.e. on 30 June 2027. Following the news, the most frequently asked questions have been: Will existing alimony awards end automatically? What will happen to pending divorce cases? Can the person paying alimony stop paying? This guide answers these questions on the basis of the text of the decision published in the Official Gazette.
Contents: 1) Decision details and ruling · 2) Why did the AYM annul it? · 3) Dissenting opinion and differing reasoning · 4) Case example: Does existing alimony end automatically? · 5) The nine-month transition period · 6) Roadmap for payers and recipients of alimony · 7) Conclusion
1. Decision Details and Ruling
| Item | Details |
|---|---|
| Decision | Constitutional Court, E. 2025/156, K. 2026/131, T. 04.06.2026 |
| Official Gazette | Dated 30.09.2026, No. 33386 |
| Court making the referral | Antalya 12th Family Court |
| Provision annulled | The phrase “indefinitely” in Article 175/1 TMK |
| Voting | Annulment by majority; entry-into-force date unanimously |
| Entry into force | Nine months from publication in the Official Gazette (30.06.2027) |
The text of Article 175 TMK before the annulment reads: “A party who will fall into poverty as a result of divorce may, provided that his or her fault is not heavier, claim alimony indefinitely from the other party for his or her maintenance, in proportion to the other party’s financial means. The fault of the alimony debtor is not required.” The annulment covers only the phrase “indefinitely”. The institution of poverty alimony has not been abolished. The right of a spouse who will fall into poverty because of divorce to claim alimony continues.
2. Why Did the AYM Annul It?
The Court examined the provision under Articles 2 (rule of law), 5 and 17 (protection of material and spiritual existence) of the Constitution. The key points of its reasoning are as follows:
- Contradiction between practice and the text: The AYM accepted that the wording of the provision does not make indefinite alimony mandatory in every case. However, it found that in settled judicial practice the provision was regarded as mandatory and judges were given no discretion to set a duration. In this finding, it referred to the decision of the 2nd Civil Chamber of the Court of Cassation (Yargıtay) E. 2016/8859, K. 2017/14407.
- A spouse without fault remaining a debtor for life: The Court emphasised that, since the fault of the alimony debtor is not required, even a spouse without fault could be held liable to pay alimony permanently because of the divorce.
- Disturbance of balance: According to the AYM, providing categorically for an indefinite obligation without setting any criteria imposes a heavy burden on the alimony debtor and eliminates the reasonable balance between the competing rights.
- Guidance to the legislature: The Court stated that judges should be given the power to determine the duration of alimony according to criteria such as the length of the marriage, the age of the recipient spouse, his or her education and health, and his or her capacity to be self-supporting. It also stated that the criteria for the exceptional cases requiring indefinite alimony should be expressly set out in the law.
“…granting, by the provision, the party who will fall into poverty because of divorce, provided that his or her fault is not heavier, the possibility of claiming alimony from the other party for his or her maintenance in proportion to the other party’s financial means indefinitely under all circumstances is incompatible with the State’s positive obligation arising from the individual’s right to protect and develop his or her material and spiritual existence.” (AYM, E. 2025/156, K. 2026/131, § 32)
The text of the decision is available via the Constitutional Court Norm Review Decisions Database.
3. Dissenting Opinion and Differing Reasoning
The decision was not unanimous; three members dissented. The dissenting opinion stated that poverty alimony is not a reward, compensation or a financial consideration linked to the length of the marriage, and that at its heart lies need, not time. It also drew attention to the risk of poverty faced by women after divorce and to CEDAW obligations, and recalled that in 2012 the AYM had found the same phrase to be constitutional (E. 2011/136, K. 2012/72). One member concurred in the annulment but argued that it should have been based solely on the principle of legal certainty. This picture shows that the new regulation to be adopted by the legislature will continue to be debated publicly.
4. Case Example: Does Existing Alimony End Automatically?
Case Example: L. and M., who live in Alanya, divorced in 2015. The court awarded monthly poverty alimony in favour of M., whose fault was lighter and who fell into poverty because of the divorce, and the decision became final. After seeing the news, L. is considering stopping the payments, saying “I no longer have to pay alimony.” N., whose divorce case is still pending in Gazipaşa, wonders whether the case will be decided under the new rule or the old one.
- Final alimony awards do not end automatically. Under Article 153/5 of the Constitution, annulment decisions do not have retroactive effect. Alimony awarded by a final court decision continues to be payable unless there is a new court decision. Stopping payment unilaterally may lead to serious consequences such as enforcement proceedings and coercive detention for failure to comply with the alimony obligation under Article 344 of the Enforcement and Bankruptcy Law No. 2004 (İİK).
- The Article 176 TMK route is open. Alimony ends automatically if the recipient remarries or if either party dies. It is terminated by court decision if the recipient lives in a de facto marriage without marrying, if his or her poverty ceases, or if he or she leads a dishonourable life. An increase or reduction may be requested if the parties’ financial circumstances change or if equity so requires.
- Pending cases: Whether, in decisions issued after the annulment enters into force, judges will be able to set a time limit on alimony and which criteria they will apply depends largely on the regulation that the Grand National Assembly of Turkey (TBMM) adopts within nine months.
5. What Will Happen During the Nine-Month Transition Period?
Considering that the legal vacuum caused by the annulment entering into force immediately would harm the public interest, the AYM gave the legislature until 30 June 2027. During this period, Article 175 TMK continues to apply in its current form. There are press reports that the alimony regulation may be addressed within the 13th Judicial Package currently being prepared. However, at the time of writing, no law has been adopted.
| Period | Applicable Rule | Point to Note |
|---|---|---|
| Until 30.06.2027 | Article 175 TMK in its current form | Newly awarded alimony is, as a rule, indefinite |
| If a new law is enacted | New regulation and transitional provisions | Whether it will apply to existing alimony depends on the transitional provision |
| If no law is enacted | Article 175 TMK without the phrase “indefinitely” | Criteria for setting duration will be shaped by case law |
6. Roadmap for Payers and Recipients of Alimony
| Those Paying Alimony | Those Receiving Alimony |
|---|---|
| Do not stop payment unilaterally; the final decision remains valid. | Your final alimony award does not end automatically. |
| If your situation falls under Article 176 TMK, consider an action for termination or reduction. | Document changes in your financial situation and health. |
| Follow the transitional provisions of the new regulation. | In pending cases, strengthen the evidence showing that your state of poverty will continue. |
For the general course of divorce proceedings, you can also read our articles Guide to Divorce Cases and Proceedings in Turkish Family Law and the “Short Marriage, Long Bill” alimony guide.
7. Conclusion
The process that began with the referral by the Antalya 12th Family Court has brought to an end the practice of indefinite alimony that has existed in Turkish family law since 1988. However, this does not mean that poverty alimony has been abolished or that existing alimony awards end automatically. What will be decisive is the regulation and transitional provisions that the TBMM adopts by 30 June 2027. For your specific disputes and to avoid any loss of rights, it is advisable to seek professional legal advice from a lawyer.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.
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