Is Indefinite Alimony Over? Turkey's 2026 Constitutional Court Decision Explained

One of the most hotly debated topics in Turkish divorce law has long been “indefinite alimony.”

That debate took on a new dimension in 2026 with a decision from Turkey's Constitutional Court.

So what actually changed — and what didn't?

In this guide, we look at the Constitutional Court's decision and its effect on the alimony system, question by question.

What Is Poverty Alimony?

Poverty alimony (yoksulluk nafakası) is a type of alimony that the spouse who will fall into financial hardship as a result of divorce can claim from the other spouse.

It is governed by Article 175 of the Turkish Civil Code.

Does “Alimony” Only Mean Poverty Alimony?

No.

Turkish law recognizes four types of alimony:

• Interim alimony (tedbir nafakası): Temporary alimony paid to one spouse or the children while a divorce case is ongoing.

• Poverty alimony (yoksulluk nafakası): Awarded in favor of the spouse who will fall into poverty as a result of the divorce.

• Child support alimony (iştirak nafakası): The non-custodial spouse's contribution to the child's care and education expenses; continues until the child reaches the age of majority.

• Assistance alimony (yardım nafakası): Not limited to divorce, this can be paid to a needy close relative.

The Constitutional Court's decision concerns only the indefinite nature of poverty alimony, not the other types.

What Exactly Did the Constitutional Court Rule?

In its decision dated June 4, 2026, the Constitutional Court found the phrase “indefinitely” (süresiz olarak) in Article 175 of the Turkish Civil Code unconstitutional, by a vote of 12 to 3, and annulled it.

What Was the Court's Reasoning?

The Court found that allowing poverty alimony to continue indefinitely, with no time limit whatsoever, was unsustainable in terms of property rights, the principle of proportionality, and the balance of interests between the parties.

Has Poverty Alimony Been Abolished Entirely?

No — this is one of the most commonly misunderstood aspects of the decision.

The decision does not eliminate the right to poverty alimony.

It only ends the current arrangement under which alimony continues indefinitely.

Did the Decision Take Effect Immediately?

No.

To avoid a legal vacuum and give Parliament time to enact new legislation, the Constitutional Court ruled that the annulment would take effect 9 months after publication in the Official Gazette.

What Will Parliament Do Now?

Before the annulment takes effect, Parliament (TBMM) is expected to enact new legislation regarding the duration of alimony.

As of this writing, it is not yet clear whether that legislation will introduce a maximum duration for alimony or adopt a different model altogether.

Does This Affect People Currently Receiving Poverty Alimony?

This is one of the most-asked aspects of the decision, and it depends on the legislation Parliament ultimately enacts.

Whether the new legislation will apply retroactively to existing alimony relationships will depend on the legislature's choices.

If you have an existing alimony arrangement, we recommend following the legislation Parliament enacts — together with a lawyer — to understand how it affects your specific situation.

What Does This Mean for Those Filing for Divorce Now?

Until the annulment takes effect, the legislation currently in force — including the existing indefinite-alimony arrangement — continues to apply.

For this reason, it's important to assess the current situation and any upcoming changes with a lawyer, whether your case is being filed now or is already underway.

How Is the Amount of Alimony Determined?

When determining the amount of alimony, the court considers factors such as the needs of the person requesting it, the paying party's income and assets, and the parties' social and economic standing, weighing them fairly.

For child support alimony, the child's age, education, and health needs are also taken into account.

What Not to Do

Misreading the decision as “alimony has been completely abolished”

The decision only annulled the indefinite element — the right to claim poverty alimony still exists.

Making firm assumptions before the new legislation is finalized

Avoid drawing firm conclusions about your current or future alimony rights until Parliament's new legislation becomes clear.

Not following developments

The legislation to be enacted during the 9-month period will directly determine how this process unfolds.

Frequently Asked Questions

Has indefinite alimony been completely abolished?

No. The Constitutional Court only annulled the provision allowing alimony to continue indefinitely; the right to claim poverty alimony still exists.

When will the decision take effect?

9 months after its publication in the Official Gazette.

I'm currently receiving alimony — will it be cut off?

This depends on the scope of the new legislation Parliament will enact, which isn't clear yet. We recommend following developments with a lawyer.

Were interim and child support alimony affected by this decision?

No, the decision specifically concerns the indefinite element of poverty alimony under Article 175 of the Civil Code.

Will the new legislation set a firm time limit on alimony?

That depends on Parliament's choice and had not been finalized as of this writing.

Conclusion

The Constitutional Court's decision doesn't eliminate poverty alimony — it reshapes the indefinite element of the system.

How this process unfolds will largely depend on the legislation Parliament enacts in the coming months.

If you have an ongoing or planned divorce or alimony matter, we can help you assess how these developments affect you.

Atalya Hukuk Bürosu provides legal counsel and litigation support in Antalya for divorce, alimony, and child custody matters within family law.

This article is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for an assessment specific to your situation.

Sources

• Turkish Civil Code No. 4721, Art. 175
• Constitutional Court decision dated June 4, 2026, annulling the phrase “indefinitely” in Article 175 of the Turkish Civil Code