Av. Cemre Yiğit Çoban
Back to All Articles
The Constitutional Court’s Poverty Alimony Decision: What Has Changed?

The Constitutional Court’s Poverty Alimony Decision: What Has Changed?

The financial support that the party who will fall into poverty due to divorce may request from the other party in proportion to their financial capacity for their livelihood, provided that their fault is not heavier, is called poverty alimony. This situation is regulated in Article 175 of the Turkish Civil Code No. 4721 as follows:

'Article 175 - The party who will fall into poverty due to divorce may request alimony indefinitely from the other party in proportion to their financial capacity for their livelihood, provided that their fault is not heavier.

No fault is required on the part of the alimony obligor.'

The phrase 'indefinitely' in the said regulation constitutes the source of the long-standing legal discussions regarding the duration of poverty alimony. This is because the provision of the law does not provide for the alimony to be awarded in favor of the spouse who will fall into poverty after the divorce to be limited to a certain period; it allows alimony to be requested indefinitely if the conditions are met.

The ability to request poverty alimony without being subject to any time limit is important in terms of protecting the spouse who falls into a financially vulnerable position after the divorce, while on the other hand, it can lead to a financial obligation whose duration cannot be determined in advance for the alimony obligor. For this reason, 'indefinite alimony' has been one of the important discussion topics in the field of family law for many years.

The General Assembly of the Constitutional Court discussed on June 4, 2026, whether the phrase allowing poverty alimony to be requested 'indefinitely' in Article 175 of the Turkish Civil Code is contrary to the Constitution. This evaluation came to the agenda of the High Court upon an objection raised during a divorce case heard in the Antalya 12th Family Court. As a result of the deliberations, the Constitutional Court decided by majority vote to annul this phrase and that it shall enter into force nine months after its publication in the Official Gazette.

The Constitutional Court envisaged a nine-month transition period instead of immediate enforcement of the relevant annulment decision. The main purpose of this practice is to prevent a sudden legal vacuum in the legal world and to provide the legislative body (TBMM) with the opportunity to make a new regulation.

During this nine-month period, the existing legal regulation will continue to remain in force. Accordingly:

  • Family courts will continue to render decisions according to the existing provisions during this period,

  • The indefinite alimony practice will maintain its legal validity throughout this transition period.

At the end of this period, a new legal framework that observes the balance of rights in line with the grounds of the Constitutional Court is expected to be established.

So, what will be the fate of previously adjudicated indefinite alimony? First of all, it should be stated that alimony previously awarded by court order will continue to remain valid pursuant to the principle of legal security. The alimony debtor does not have the right to unilaterally and spontaneously stop the payment by saying 'the Constitutional Court annulled this regulation'; otherwise, such an attitude may lead to enforcement proceedings and disciplinary imprisonment.

The termination or limitation of alimony will not happen spontaneously either; it will require an application to the court. Following the entry into force of the annulment decision and the enactment of the new regulation by the Turkish Grand National Assembly (TBMM), individuals paying alimony will be able to request the removal of alimony or its limitation to a certain period through a lawsuit. In these lawsuits, the judge will evaluate elements such as the duration of the marriage, the economic situation, age, and health status of the parties to decide whether the alimony will continue.

On the other hand, it does not seem possible to retroactively reclaim alimony amounts paid up to date. Because these payments are based on a legally valid court decision at the date they were made, a subsequent annulment decision does not render payments lawfully made in the past unjustified.

Finally, the main factor that will determine how the process will work will be the transitional provisions to be included in the new regulation to be issued by the TBMM. The new regulation, expected to come to the agenda of the Parliament in October 2026, is anticipated to include special transition clauses covering not only future lawsuits but also the situation of individuals currently paying indefinite alimony. Under what conditions these clauses will cover old files will only become clear when the law text enters into force.