Has Indefinite Alimony Been Abolished in Türkiye? The Constitutional Court's Annulment and 30 June 2027

The possibility that post-divorce poverty maintenance (yoksulluk nafakası) could last "for life" has long been one of the most debated issues in Turkish family law. The Constitutional Court has now issued an important decision: the words "süresiz olarak" (indefinitely) in Article 175 of the Turkish Civil Code have been annulled. However, this does not mean maintenance ends today. Below we explain the scope and practical consequences of the decision.

Types of maintenance: which one is affected?

• Interim maintenance (tedbir nafakası): temporary maintenance for the spouse and children during divorce proceedings.
• Child maintenance (iştirak nafakası): paid by the parent without custody to contribute to the child's care and education.
• Poverty maintenance (yoksulluk nafakası): claimed by a spouse who will fall into poverty due to the divorce and is not more at fault, from the other spouse in proportion to their financial means.

The Constitutional Court's decision concerns only the duration of poverty maintenance. Child maintenance and interim maintenance are not affected.

What does the decision say?

Article 175(1) provides that a party who will fall into poverty due to divorce may, provided their fault is not greater, claim maintenance indefinitely from the other party in proportion to the latter's financial means. Following a referral by the Antalya 12th Family Court, by its decision of 4 June 2026 (E. 2025/156, K. 2026/131) the Constitutional Court found the word "indefinitely" in this paragraph contrary to Articles 2, 5 and 17 of the Constitution and annulled it by majority. The decision was published in Official Gazette No. 33386 of 30 September 2026.

In its reasoning the Court stated, in summary:

• In 2012 the Constitutional Court had accepted that the same words did not require indefinite maintenance in every case; however, established judicial practice interpreted them as mandatory, leaving judges no discretion over duration. The rule therefore cannot be said to be clear and certain.
• Imposing a categorical, indefinite obligation without any criteria on a maintenance debtor, who need not even be at fault, upsets the reasonable balance between the parties regarding the right to protect one's material and spiritual existence.
• To strike a balance, judges should be empowered to set the duration of maintenance taking into account factors such as the length of the marriage, the creditor's age, education and health and ability to meet their own needs, and the criteria for cases requiring indefinite maintenance should be clearly set out in law.

Three members dissented, stating that the core of maintenance is the state of poverty rather than duration, that the existing system already allows maintenance to be reduced or ended, and that the matter is primarily one of social policy for the legislature.

When does the annulment take effect?

Finding that the legal gap created by the annulment would harm the public interest, the Court ruled that the annulment takes effect nine months after publication in the Official Gazette, i.e. on 30 June 2027. Until then, the current version of Article 175 continues to apply. The legislature is expected to adopt new rules setting criteria for the duration of maintenance within this period.

What happens to existing maintenance orders?

Under Article 153 of the Constitution, annulment decisions do not have retroactive effect. Final maintenance orders therefore do not end automatically as a result of this decision. The fate of existing maintenance orders is expected to depend on the legislature's new rules and judicial practice.

Independently of the annulment, the remedies under Article 176 remain available:

• periodic maintenance ends automatically if the creditor remarries or either party dies;
• it is ended by court order if the creditor cohabits as if married, is no longer in poverty or leads a dishonourable life;
• an increase or reduction may be requested if the parties' financial circumstances change or fairness so requires.

Pending and future cases

Decisions issued until 30 June 2027 will apply the current provision. After that date, the legislature's new rules will be decisive; if no new legislation is adopted, how practice develops will need to be assessed separately. People in divorce proceedings or paying or receiving maintenance should assess their own situation according to the specific facts during this transition period.

This article is for general information purposes only and does not constitute legal advice. It will be updated if new legislation is adopted.