The Constitutional Court annulled the words 'indefinitely' in Article 175 of the Turkish Civil Code; the annulment takes effect on 30 June 2027. What happens to existing alimony orders?
1. In short
• The Turkish Constitutional Court (AYM) annulled the words "indefinitely" (süresiz olarak) in Article 175 of the Turkish Civil Code on poverty alimony (yoksulluk nafakası).
• The decision was published in the Official Gazette on 30 September 2026. The annulment takes effect nine months later, on 30 June 2027.
• Poverty alimony has not been abolished. Existing alimony orders do not end automatically because of the annulment.
• The replacement legislation has not yet been settled.
2. What did the Court decide?
On an objection referral by the Antalya 12th Family Court, the Constitutional Court, by its decision of 4 June 2026, found the words "indefinitely" in Article 175 unconstitutional and annulled them. It postponed the effect of the annulment by nine months to allow Parliament to legislate.
Only the wording allowing alimony to be awarded without a time limit was annulled; poverty alimony as an institution remains in force.
3. What happens to existing alimony?
• Under Article 153 of the Constitution, annulment decisions do not apply retroactively. Final alimony orders do not lapse solely because of this annulment.
• The current rules continue to apply during the nine-month period.
• Ending or reducing existing alimony still requires a court to assess the conditions in Article 176 of the Civil Code (e.g. a change in the parties' financial situation, the recipient remarrying or cohabiting in a de facto marriage); this route existed before the ruling.
• Child support (iştirak nafakası) and interim alimony are not directly addressed by the ruling.
4. Where does the new regulation stand?
The information in this section is based on press reports, not an official statement.
According to press reports, a draft prepared within the 13th Judicial Package, which would tie alimony duration to the length of the marriage (5 years for marriages up to 10 years; half the marriage's length for longer marriages), was not approved, and a new formula taking into account the spouses' economic and social circumstances and ages is being prepared (26 October 2026). As of this article's date, no bill has been submitted to Parliament.
If no new law is enacted by 30 June 2027, the annulled words will cease to have effect and the resulting gap will be shaped by case law.
5. What can be done now?
• Alimony claims in pending divorce cases continue to be assessed under the current law.
• Parties paying or receiving alimony should assess their own situation before taking steps with legal consequences, until the content and transitional rules of the new law are clear.
• A significant change in financial circumstances may, independently of the ruling, ground a claim to end or reduce alimony.
Sources:
• Official Gazette of Turkey, 30 September 2026: https://www.resmigazete.gov.tr/30.09.2026
• Constitutional Court press release (Turkish): https://www.anayasa.gov.tr/tr/haberler/norm-denetimi-basin-duyurulari/sure-sinirlamasi-olmaksizin-yoksulluk-nafakasina-hukmedilmesine-imkan-taniyan-kurala-iliskin-itiraz-basvurusu-hakkinda-karar
• Euronews Türkçe, 30.09.2026: https://tr.euronews.com/2026/09/30/suresiz-nafaka-duzenlemesi-iptal-edildi-karar-9-ay-sonra-yururluge-girecek
• Karar (Turkish), 26.10.2026: https://www.karar.com/guncel-haberler/suresiz-nafaka-taslagina-erdogan-vetosu-yeni-formul-hazirlanacak-2080610
It will be updated when new legislation is enacted.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.
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