Family law and divorce cases in Turkey reached a historic turning point when the Constitutional Court (AYM), on 4 June 2026, found the words “indefinite alimony” unconstitutional and annulled them. However, because the Court postponed the entry into force of the annulment by 9 months, the old system remains in effect, both in practice and in law, in the current legal landscape. Family courts can still award poverty alimony (yoksulluk nafakası) for an indefinite period under the Turkish Civil Code No. 4721 (TMK), and alimony orders that have already become final do not end automatically.
Although the 13th Judicial Package, expected to come before the Grand National Assembly of Turkey (TBMM) in October 2026, is intended to introduce a time-limited alimony system, the drafts on the table include formulas such as alimony being paid for a minimum base period of 5 years even if the marriage lasted only 6 months or 1 year. This creates a heavy financial burden and the risk of an “alimony trap” for the parties after marriages that are formed quickly and end within a short time, particularly in the Alanya, Gazipaşa, Mahmutlar, Oba, Konaklı and Avsallar area, where tourism and the foreign population are concentrated.
This comprehensive guide for residents covers the current legal status of indefinite alimony, the new alimony system expected under the 13th Judicial Package, the legal rules applicable to divorces with a foreign spouse in Alanya, and the preventive legal measures that can be taken against unjust alimony obligations.
📑 Table of Contents
- 1. Current Situation: Is “Indefinite Alimony” Still in Force?
- 2. The Expected Change: The 13th Judicial Package and the “Time-Limited Alimony” System
- 3. The Reality in Alanya and the Mediterranean Region: Short Marriage, Long Alimony Risk
- 4. Legal Measures Against the “Alimony Trap” in Divorce
- 5. Termination, Removal and Adjustment of Alimony under TMK Art. 176
- 6. Frequently Asked Questions (FAQ)
- 7. Conclusion: Don’t Let a “Short Marriage” Become a “Long Bill”
1. Current Situation: Is “Indefinite Alimony” Still in Force?
There is a widespread misconception among the public that indefinite alimony ended immediately after the Constitutional Court’s decision. The legal reality is this: indefinite alimony continues to apply for the time being.
The Constitutional Court annulled the words “for an indefinite period” in Article 175 TMK; however, in order to avoid a legal vacuum and to allow the TBMM to enact new legislation, it postponed the entry into force of the decision by 9 months. During this postponement period, which runs from the date of publication of the decision in the Official Gazette:
- Courts Can Award Indefinite Alimony: Family courts continue to award poverty alimony for an indefinite period in pending and newly filed divorce cases.
- Existing Alimony Orders Do Not End Automatically: Alimony previously awarded by the courts and subject to enforcement proceedings does not lapse of its own accord; the payment obligation continues.
- Participation Alimony (Child Support) Is Not Affected: The AYM annulment concerns only poverty alimony paid to a spouse. Participation alimony paid for the care and education of the joint children falls entirely outside this decision; it continues until the child reaches the age of majority (or, if the child is still in education, until the end of their education).
| Type of Alimony | Statutory Basis | Paid to Whom and When? | Effect of the AYM Annulment |
|---|---|---|---|
| Interim Alimony | TMK Art. 169 | Paid during the proceedings to the spouse and joint child for temporary housing/maintenance. | Not affected; continues unchanged until the case becomes final. |
| Poverty Alimony | TMK Art. 175 | Paid to the less-at-fault spouse who would fall into poverty as a result of the divorce. | Annulled by the AYM; however, it can be awarded indefinitely until the 9-month postponement ends. |
| Participation Alimony | TMK Arts. 182, 327 | The contribution of the parent without custody to the child’s care/education expenses. | Not affected; continues until the child reaches majority or completes their education. |
| Support Alimony | TMK Art. 364 | Paid to descendants, ascendants and siblings who would otherwise fall into poverty. | Not affected; the general rules on the duty of support apply. |
Practical Consequence: In a divorce case filed now, the court may award poverty alimony for an indefinite period. Such an order remains valid until the new law to be passed by Parliament enters into force and its transitional provisions are applied.
2. The Expected Change: The 13th Judicial Package and the “Time-Limited Alimony” System
The draft 13th Judicial Package, which is planned to be submitted to the Speaker of Parliament in the October 2026 legislative session, envisages a transformation of the alimony system. According to working texts reported in the press and to the public, the main points are as follows:
- Individualised Determination of Duration: Alimony will no longer automatically be indefinite. The judge will set a specific duration, taking into account factors such as the length of the marriage, the parties’ financial situation, age, education and fault.
- Minimum Base Period Model of 5 Years: The drafts on the table discuss a formula under which alimony is paid for at least 5 years, even if the marriage lasted only a very short time, such as 6 months or 1 year.
- Model Proportional to the Length of Marriage: Another formula would award alimony for half of the period between the date of marriage and the filing of the case.
- Status of Existing Alimony Orders: Even after the new law enters into force, alimony already awarded will not be cut off immediately; it will be reviewed gradually under transitional provisions.
Important Warning: These provisions have not yet been enacted; they are draft texts expected to be submitted to Parliament in October 2026.
3. The Reality in Alanya and the Mediterranean Region: Short Marriage, Long Alimony Risk
In the Alanya, Gazipaşa, Mahmutlar, Oba, Konaklı and Avsallar strip, among Antalya’s leading tourist districts, quick acquaintances and short-lived marriages have become common in recent years. Data from TÜİK (the Turkish Statistical Institute) and judicial statistics show a significant increase in divorce cases filed after short marriages in the region.
3.1. Typical Divorce and Alimony Scenarios in the Region
Claims for poverty alimony after divorce frequently arise, particularly in marriages with foreign spouses of Russian and Ukrainian nationality. The typical scenario that stands out in files in the region is as follows:
- A short marriage lasting 6 months to 2 years,
- No joint children from the marriage,
- An immediate claim for interim alimony in the divorce case, followed by a claim for poverty alimony,
- The risk of an indefinite alimony obligation under the current system, and of at least 5 years under the new draft.
3.2. Jurisdiction and Applicable Law in Divorce from a Foreign Spouse (MÖHUK)
Where the spouses hold different nationalities, Article 14 of the Law No. 5718 on Private International and Procedural Law (MÖHUK) applies:
Applicable Law: If the spouses are of different nationalities and their common habitual residence is in Turkey, Turkish law applies directly and the Turkish courts have jurisdiction.
Requirement of Recognition and Enforcement: A divorce or alimony judgment obtained from a court in a foreign country does not have effect by itself and cannot be enforced in Turkey unless the competent courts in Turkey issue a judgment of recognition and enforcement (tanıma ve tenfiz).
4. Legal Measures Against the “Alimony Trap” in Divorce
In some files in the region, unjust and excessive alimony claims may be encountered after short-lived relationships. The following legal steps are important to eliminate these risks:
4.1. Matrimonial Property Agreement Before and During Marriage (Separation of Property)
A Separation of Property Agreement (TMK Art. 242 et seq.) concluded before a notary before the marriage or after the marital union is established clarifies property division and liquidation claims at the divorce stage. By demonstrating the parties’ economic independence, this agreement provides an important piece of information that the judge takes into account when assessing alimony.
4.2. Transparent Documentation of Income, Expenses and Assets
In the Socio-Economic Status (SED) investigation carried out by the courts, income and asset declarations must be presented clearly. Since financial uncertainties may be interpreted against you by the court, debts, regular expenses and actual earnings should be substantiated with documents.
4.3. Preparing an Evidence File on Poverty and Fault
To counter an alimony claim being accepted on grounds of “poverty” even though there are no children, a complete evidence file should be prepared proving the other party’s earning capacity, employment status and degree of fault. Under TMK Art. 175, poverty alimony cannot be awarded in favour of a spouse who is gravely at fault.
5. Termination, Removal and Adjustment of Alimony under TMK Art. 176
Under Article 176 TMK, the conditions for the termination and removal of an awarded poverty alimony are as follows:
| Legal Situation | Consequence and Required Procedure | Statutory Basis |
|---|---|---|
| Remarriage of the Spouse Receiving Alimony | Alimony ends automatically. | TMK Art. 176/3 |
| Death of One of the Spouses | Alimony ends automatically. | TMK Art. 176/3 |
| Cohabiting as if Married | Does not end automatically; its removal must be sought by filing a case in the Family Court. | TMK Art. 176/3 |
| End of Poverty | If the recipient starts earning an income, alimony is removed by court order. | TMK Art. 176/3 |
| Leading a Dishonourable Life | In the case of an immoral lifestyle, alimony is removed by court order. | TMK Art. 176/3 |
| Change in Financial Circumstances | If the balance of income and needs is disrupted, an action for Adjustment of Alimony is filed. | TMK Art. 176/4 |
6. Frequently Asked Questions (FAQ)
“Has indefinite alimony been abolished?”
No, not yet. There is an AYM annulment decision, but its entry into force has been postponed by 9 months; the current system applies until the new law is passed.
“Will my existing alimony orders end automatically?”
No. Existing judgments and enforcement proceedings continue until the new regulation enters into force and the transitional provisions are applied.
“How long will alimony last?”
Under the new system, the duration will be at the judge’s discretion, taking into account the length of the marriage, financial circumstances and fault. Formulas such as a minimum of 5 years and half the length of the marriage feature prominently in the draft.
“Will child support change too?”
No. The AYM annulment relates only to the word “indefinite” for poverty alimony; participation alimony is not affected by this decision.
“In which cases does alimony end automatically?”
Under TMK Art. 176, alimony ends automatically if the receiving spouse remarries or dies. Cohabiting as if married (informal cohabitation), however, does not bring about automatic termination; termination must be sought by filing a case.
“Which law applies if I divorce a foreign spouse?”
If the spouses are of different nationalities and their common habitual residence is in Turkey, Turkish law applies and the Turkish courts have jurisdiction.
7. Conclusion: Don’t Let a “Short Marriage” Become a “Long Bill”
For the time being, poverty alimony continues to be awarded for an indefinite period; the AYM annulment is not yet in force. The regulation expected to come before Parliament in October 2026 highlights a move to a time-limited alimony system, a minimum base period of 5 years and judicial discretion; however, existing alimony orders will not be cut off immediately.
In the Mediterranean region (Alanya, Gazipaşa, Avsallar, Konaklı), alimony obligations arising after short marriages can become more complex, particularly in marriages with foreign spouses; for this reason, preventive steps such as pre-marital advice and a matrimonial property agreement are important. To prevent possible losses of rights, it is advisable to seek professional legal advice from a lawyer in the light of the circumstances of the specific case.
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.