Has Indefinite Alimony Ended in Türkiye? The Constitutional Court Ruling, Existing Awards and Pending Divorce Cases

Indefinite alimony has not ended yet. Türkiye's Constitutional Court has annulled the wording in article 175 of the Turkish Civil Code (TCC) under which poverty alimony is awarded “indefinitely”; however, the annulment enters into force on 30 June 2027. Until that date the current provision continues to apply and finalised alimony awards do not end automatically.

In this article we explain exactly what the ruling changes, what it means today for those who pay alimony, those who receive it and those whose divorce proceedings are still ongoing, and what is expected from the 13th Judicial Reform Package.

What Did the Constitutional Court Rule?

Under TCC art. 175, a spouse who would fall into poverty as a result of divorce may claim alimony indefinitely from the other spouse for their maintenance, in proportion to the other spouse's financial means, provided that their own fault is not heavier. By a majority vote, the Constitutional Court found the word “indefinitely” in this provision unconstitutional and annulled it.

It is important to read the scope of the ruling correctly:

• Poverty alimony as an institution has not been abolished. What was annulled is the automatic indefinite duration of the award; the right of a spouse who falls into poverty because of the divorce to claim alimony continues.
• The reasoning: no foreseeable criteria. The majority held that the absence of clear and foreseeable criteria for setting the duration of alimony creates an imbalance between the parties, and stressed that factors such as the length of the marriage, the parties' ages, health and ability to work should be taken into account.
• Entry into force postponed by nine months. To give the legislature time to adopt new rules, the annulment enters into force nine months after its publication in the Official Gazette.

What Happens to Existing Alimony Awards?

Under article 153 of the Constitution, annulment rulings of the Constitutional Court are not retroactive. Therefore finalised poverty alimony awards that are currently being paid do not end automatically; the payment obligation continues until the alimony is terminated by a court order or the law provides otherwise.

What will really determine the fate of existing awards is the new legislation to be adopted by the Grand National Assembly of Türkiye, and in particular its transitional provisions. Until those provisions are settled, it is not possible to conclude that an alimony award will end on a specific date.

Can Alimony Be Terminated or Reduced Today?

Yes, but the Constitutional Court ruling is not a ground in itself. The routes set out in TCC art. 176 remain available:

• Automatic termination: Alimony ends automatically if the recipient remarries or if either party dies.
• Termination by court order: Termination may be requested if the recipient cohabits in a de facto marital union without remarrying, is no longer in poverty, or leads a dishonourable life.
• Reduction or increase: A reduction or increase may be requested where the parties' financial circumstances change or fairness so requires.

A claim for termination of alimony based solely on the Constitutional Court ruling risks dismissal unless one of the statutory grounds is proven. In these cases evidence is decisive: records showing that the recipient has started earning a regular income, witness statements and documents showing cohabitation, and the parties' current financial circumstances.

Pending Divorce Cases

Until the annulment enters into force, that is, until 30 June 2027, the current version of TCC art. 175 applies to judgments given; courts will continue to award poverty alimony indefinitely until that date. For judgments given after that date, the duration of alimony will be set according to the criteria introduced by the legislature and the specific facts of the case.

In files where the first-instance judgment is given before 30 June 2027 but the proceedings before the regional court of appeal or the Court of Cassation continue after that date, which rule applies will also depend on the transitional provisions of the new law.

In an uncontested divorce, the parties may agree on the amount and duration of alimony in the settlement protocol; if the judge finds the protocol appropriate, the judgment is given accordingly. The alimony clause in the protocol therefore remains one of the provisions that must be drafted most carefully in the new period.

What Is Expected From the 13th Judicial Reform Package?

New alimony rules must be adopted within the period granted by the Constitutional Court. According to statements by the Ministry of Justice, the new rules are expected to be submitted to the Grand National Assembly of Türkiye in October 2026 as part of the 13th Judicial Reform Package; as of 4 October 2026, the date this article was published, the bill has not yet been submitted to Parliament.

According to press reports, under the new system the duration of alimony will be set by criteria such as the length of the marriage and the parties' economic circumstances. However, the durations and figures reported for the draft differ between sources and the official text has not yet been made public. The exact durations and the transitional provisions for existing awards will only become clear once the bill is submitted to Parliament; we will update this article when the bill is published.

What Should You Do in Your Situation?

If you pay alimony: Do not stop paying. If your financial circumstances have changed, or if there has been a change in the recipient's situation listed in TCC art. 176, consider the termination or reduction route after gathering the supporting evidence.

If you receive alimony: Your existing alimony does not stop automatically. As the new rules may introduce transitional provisions, follow the parliamentary process; if your financial circumstances change, assess in advance how this may affect your alimony.

If your divorce proceedings are ongoing: Whether the judgment is given before or after 30 June 2027 may affect the duration of alimony. In an uncontested divorce, set out the alimony clause in the protocol clearly, including the amount, the duration and the basis for increases.

Frequently Asked Questions

Conclusion

Indefinite poverty alimony has been annulled, but it has not ended yet. Until 30 June 2027 the current provision will apply, finalised awards will not end automatically, and termination or reduction of alimony will still be possible only on the grounds set out in TCC art. 176. What will be decisive are the new criteria and transitional provisions to be introduced by the 13th Judicial Reform Package; this article will be updated once the bill is submitted to Parliament.