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.