The Constitutional Court annulled the phrase allowing poverty alimony to
be awarded on an “indefinite” basis under the Turkish Civil Code. Following the
decision rendered upon the application of the 12th Family Court of
Antalya, the obligation to pay alimony for life will be eliminated. On 4 June
2026, the Constitutional Court annulled the phrase “for an indefinite period”
contained in paragraph (1) of Article 175 titled “Poverty Alimony” of the
Turkish Civil Code Nr. 4721.
The former version of the relevant provision stated: “The party who
will fall into poverty due to divorce may request alimony from the other party
indefinitely, provided that such party is not more at fault, and in proportion
to the other party’s financial capacity.” With this decision, the
Constitutional Court demonstrated its intention to end a practice that had long
been subject to public debate, particularly due to the lifelong financial
burden it imposed on one party even after short-term marriages.
As the Constitutional Court’s reasoned decision has not yet been
published, the exact date on which the annulment decision will take effect
remains unclear. The Constitutional Court is expected to announce the statutory
period granted for the enactment of a new provision together with its reasoned
decision. During this period, the legislative body is expected to prepare a new
legal provision, while Article 175 of the Turkish Civil Code will continue to
apply in its current form.
Even if the annulment decision formally enters into force, alimony
payments that have already been paid and exhausted by that date will not be
affected by the amendment. However, the future of existing alimony payments
that are still ongoing will be determined based on the new legislative
regulation to be enacted by the legislative body.
If a transitional period arises in which the annulment decision has
entered into force but the Parliament has not yet enacted new legislation, the
question of the duration of alimony in divorce proceedings will come to the
forefront. At this stage, Article 1 of the Turkish Civil Code will apply with
respect to the duration of alimony. Judges will fill the resulting legal gap by
acting within the framework provided by law and will determine the duration of
alimony based on the circumstances of each individual case.
