Constitutional Court Strikes Down Indefinite Alimony Provision
The annulment takes effect in nine months, giving Parliament time to draft new rules while existing payments continue for now.
KEY POINTS
- Constitutional Court annuls "indefinitely" wording in Civil Code Article 175 on poverty alimony
- Decision published in Official Gazette on 29 September 2026
- Annulment takes effect 30 June 2027 to allow Parliament to legislate
- Poverty alimony remains available but duration must be set case by case
- Status of current indefinite alimony payments left to new legislation
Turkey's Constitutional Court has annulled the phrase "indefinitely" in Article 175 of the Civil Code, which allowed poverty alimony to be awarded without a time limit. The decision was published in the Official Gazette on 29 September 2026.
The annulment will enter into force on 30 June 2027, a nine-month delay intended to prevent a legal vacuum and allow the Grand National Assembly to enact a new framework. The Court ruled that alimony duration should be determined case by case by the judge.
Poverty alimony itself was not abolished; only the automatic indefinite term was removed. Under current law, a divorced spouse may receive support if they fall into poverty through no greater fault of their own and the other party has the financial means.
The Court's ruling does not address the status of alimony payments already being made. Because annulment decisions cannot be applied retroactively under Article 153 of the Constitution, the fate of existing cases rests with forthcoming legislation.
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