Turkish Constitutional Court annuls ‘indefinite’ alimony clause

Türkiye’s Constitutional Court struck down a provision allowing courts to award post-divorce poverty alimony indefinitely, ruling that the measure could impose a disproportionate financial burden on the paying spouse.

The decision, published in the Official Gazette on Wednesday, annulled the phrase “indefinitely” in Article 175 of the Turkish Civil Code, which regulates poverty alimony following divorce.

The ruling removes the requirement that such payments be awarded without a predetermined time limit and clears the way for a new legal framework under which the duration of payments can be determined according to the circumstances of individual cases.

The annulment will take effect nine months after its publication, on June 30, 2027, giving Parliament time to adopt new legislation and prevent a legal vacuum.

Under the existing provision, a spouse who would fall into poverty as a result of divorce may request financial support from the other spouse, provided that the requesting party is not more at fault for the breakdown of the marriage. The amount is determined according to the financial capacity of the paying spouse.

The court said the current system could require a former spouse to remain financially responsible for the consequences of a marriage for the rest of their life without requiring judges to assess specific criteria when determining the duration of payments.

It said a fair balance should be established between the interests of the spouse who risks falling into poverty and those of the spouse required to pay alimony.

The court said factors including the length of the marriage, the spouses’ ages and health, their economic and social circumstances, their ability to participate in the workforce and the impact of the alimony obligation on their post-divorce lives should be considered.

Under current law, periodic alimony automatically ends if the recipient remarries or either party dies. A court may also terminate payments if the recipient lives with another person as though married, is no longer in poverty or leads what the law describes as a “dishonorable life.”

The Constitutional Court said that outside those circumstances, the obligation could continue throughout the payer’s lifetime.

It also noted that the person required to pay poverty alimony does not necessarily have to be at fault for the divorce.

The court said requiring indefinite payments categorically and without criteria could place an excessive burden on the paying spouse and upset the balance the state is required to maintain between competing rights.

The ruling also leaves open the possibility of lifetime alimony in certain cases. The court said lawmakers could establish a system that allows payments to be limited to a specific period, depending on individual circumstances, while also permitting extensions, including potentially for life, when legally defined conditions are met.

Parliament is expected to determine the new rules governing the duration of poverty alimony before the annulment takes effect.

DAILYSABAH