Turkish top court decision ends indefinite alimony after debate

ANKARA

Türkiye’s Constitutional Court on June 4 annulled the provision allowing indefinite alimony payments to divorced spouses, marking a significant ruling after years of debate.

The high court’s review was initiated upon a motion by an Antalya court, which challenged the phrase “indefinitely” in Article 175 of the Turkish Civil Code.

In its decision, the top court struck down the provision and granted parliament nine months to adopt new legislation to address the resulting legal gap.

Indefinite alimony has long been controversial in Türkiye. Critics argue that lifetime payments, especially after short marriages, place an unfair burden on former spouses when obligations can continue without a
fixed time limit.

Under Article 175, titled “Poverty Alimony,” a spouse who falls into financial hardship due to divorce may request support from the other party, provided they are not more at fault. Payments are determined according to financial capacity and, until now, had no legal time restriction.

Under the existing framework, alimony only ceased if the recipient remarried, cohabited with a partner as if married, escaped financial indigence, or if either party passed away. On the other hand, supporters of the existing system argue that indefinite alimony remains an essential protection for economically vulnerable spouses, particularly women, helping them rebuild financial independence after divorce.

Following the ruling, Justice Minister Akın Gürlek described the decision as an important step toward a more balanced legal framework, emphasizing the need to protect the rights of both parties while maintaining social stability.

He stated that the government would prepare new legislation within the court’s timeframe to prevent lifelong obligations that could be considered unfair.

[HH] Proposed framework and next steps

Local media reported that a draft proposal by the ruling Justice and Development Party (AKP) links alimony duration to the length of marriage.

Three-year marriages could result in five years of payments, five-year marriages in seven years and ten-year marriages in up to twelve years of support, media reports said.

Under the proposed model, alimony would automatically end once the specified period expires.

The reform package also considers expanding social assistance programs to support those who may face economic hardship after payments end.

It further aims to reduce contentious divorce proceedings by separating related disputes and streamlining court processes.