In the long-debated question of open-ended alimony, which has occupied both public opinion and legal scholarship for years, the Constitutional Court has handed down a decision that may be regarded as a turning point for family law. Examining the application made by the Antalya 12th Family Court by way of objection, the Plenary ruled on 4 June 2026, by majority, to annul the words "for an indefinite period" in Article 175 of the Turkish Civil Code No. 4721.
That ruling has opened the way to a redesign of the existing regime, which allows poverty alimony to continue without being subject to any time limit whatsoever. When it is recalled that the Court declined in earlier years to grant annulment requests to the same effect, the weight the decision carries, both for legal practice and in its social consequences, becomes clearer still.
Below we examine the scope of the decision, the timetable for its entry into force, its effect on alimony currently being paid and on pending files, and the course the parties should follow during the transitional period.
Subject Matter and Scope of the Annulment Decision
The annulment is confined to the words "for an indefinite period" appearing in the first paragraph of Article 175 of the Turkish Civil Code No. 4721, headed "Poverty Alimony". In other words, the provision has not been removed in its entirety; only the wording that made the award unlimited in time has been struck from the text.
Before the annulment, the provision read as follows:
Turkish Civil Code No. 4721, Art. 175(1)
"The party who will fall into poverty because of the divorce may, provided that his or her fault is not the graver, request alimony from the other party for an indefinite period for his or her subsistence, in proportion to that party’s financial means."
Following the review it carried out upon the objection application of the court of first instance, the Constitutional Court concluded that this wording is contrary to the Constitution. The statutory framework providing that poverty alimony is subject to no limit as to duration has thus undergone constitutional review, and a far-reaching process of change in the law of alimony has effectively begun.
Date on Which the Decision Takes Effect
Annulment decisions of the Constitutional Court do not always produce effect at the moment they are published in the Official Gazette. The Court may defer entry into force to a later date so that the gap arising from the annulment can be filled by the legislature.
Indeed, according to the statement issued, the entry into force of the annulment of the words "for an indefinite period" in Art. 175 of the Turkish Civil Code No. 4721 has been deferred for nine months from the publication of the decision in the Official Gazette.
The practical meaning of this is as follows: although the decision has been given, the text in force will continue to be applied for some time yet. Poverty alimony as an institution does not disappear of its own accord immediately upon publication; the existing provisions remain in force throughout the transitional period.
Effect on Pending Files and Newly Filed Actions
The question most frequently asked after the decision is how the annulment will be reflected in alimony currently being paid, in files being heard, and in divorce actions to be brought from now on. These three groups must be assessed separately.
Finalised Alimony Awards Still Being Paid
As a rule, decisions of the Constitutional Court do not have retroactive effect. By virtue of that principle, poverty alimony previously awarded and become final will not lapse of its own accord by reason of the annulment.
Accordingly, the obligation of those who are currently making payments does not come to an end on the sole basis of the annulment decision; the creditor party may likewise continue to collect on the strength of the court judgment in hand.
How the legislation to be enacted by the Grand National Assembly of Türkiye will be reflected in existing alimony relationships, and what the scope of the transitional provisions will be, is however uncertain as matters stand. What will genuinely determine the fate of final judgments is the legislation to be made following the annulment.
Alimony Actions Currently Being Heard
For files pending before the family courts, or at the stage of appeal or appeal on points of law, the picture is different and must be assessed separately.
Since entry into force has been deferred for nine months, the existing provision of the Turkish Civil Code No. 4721 retains its validity during that interval. It is therefore open to the courts to continue applying the text in force.
By contrast, when the reasoning of the decision, the date of entry into force and the legislative amendments that may be made in the meantime are considered together, it becomes important for counsel in pending files to place these developments on the file and to shape their claims in line with the new legal framework now taking form.
Divorce and Alimony Actions Brought After the Annulment
In files opened after the decision enters into force, the fundamental change will be the disappearance of the statutory basis permitting poverty alimony to be awarded for an indefinite period.
This should not be read as meaning that poverty alimony has been abolished altogether. What is expected is the preparation of new legislation setting out the conditions under which, for what duration and by reference to what criteria alimony will be awarded.
The decisive factor in the future course of the law of alimony will likewise be this legislation to be made by the Grand National Assembly of Türkiye, together with the judicial practice that takes shape around it.
Do Existing Poverty Alimony Awards End Automatically?
The fact that the words "for an indefinite period" in Art. 175 of the Turkish Civil Code No. 4721 have been annulled does not mean that poverty alimony previously awarded and become final lapses of its own accord.
Underlying this is the principle set out in Article 153 of the Constitution that "decisions of the Constitutional Court do not have retroactive effect". The annulment does not carry an effect that would directly set aside judicial decisions that became final before its entry into force.
On that footing, the existing legal position continues unchanged in respect of poverty alimony paid pursuant to a court judgment in force. It is not legally acceptable for the debtor to cease payment unilaterally on the sole ground of the annulment decision.
Should payments be stopped, the possibility arises that the creditor will commence enforcement proceedings based on the judgment, claim the accrued alimony arrears, and that coercive imprisonment under the provisions of the Enforcement and Bankruptcy Act No. 2004 will come onto the agenda.
Whether existing alimony awards will in future be made subject to a time limit, and whether special transitional provisions will be laid down for continuing relationships, will become clear only through the legislation to be made after the decision.
How the Parties Should Proceed During the Transitional Period
For Those Liable to Pay Alimony
Not acting hastily in response to public expectation is decisive if those under a payment obligation are to avoid losing their rights. Three points stand out in this period:
- Follow the process and await the new statute. For those making payments pursuant to a final judgment, what is critical is the text to be prepared following the annulment; in particular, the transitional provisions of the statute the Assembly adopts will directly determine the future of existing alimony relationships. The measures taken during the nine-month period should be followed closely, and any new possibilities that may arise should be assessed against the circumstances of the individual file.
- If you have a pending file, seek a time limit. Those with divorce or alimony proceedings under way may submit the annulment decision of 4 June 2026 to the file and ask the court to consider its effect on the dispute. In that context it may be argued that the poverty alimony to be awarded should be confined to a defined period rather than left open-ended; equally, the court may in its discretion prefer to await the new legislation.
- Do not stop payments under any circumstances. Until the annulment takes effect, the existing system remains legally valid. Stopping payment unilaterally, absent a new court judgment or legislative amendment, may lead the creditor to commence enforcement proceedings and expose the debtor to coercive imprisonment.
For Those Entitled to Receive Alimony
The creditor party too must approach this period prepared. First, the strategy must be reconsidered: anticipating that the alimony regime may change radically in actions brought from now on, claims for pecuniary and non-pecuniary damages, and the rights arising from the liquidation of the matrimonial property regime, must be carefully taken into account rather than relying on poverty alimony alone.
Secondly, the state of poverty must be documented. It is prudent to gather now the official records evidencing lack of income, the reasons for inability to work, or state of health; in the new system to be established, these documents may form an important basis when the duration of alimony is determined.
General Assessment
The annulment decision does not abolish poverty alimony altogether; it makes it necessary to redesign a system founded on the principle of indefinite duration. The statute to be enacted in the period ahead will be decisive both for those liable to pay and for those entitled to receive. It is not sound to make firm predictions before the reasoned decision and the content of the new text have emerged.
In order to avoid any loss of rights, both those currently paying alimony and the parties to pending divorce or alimony files must follow the reasoned decision and the work of the Assembly closely. Should the new legislation include transitional provisions addressing existing alimony relationships, fresh avenues of application may arise for the adaptation, time-limiting or lifting of final judgments.
Independent Legal Assessment
This decision alters a balance long maintained in family law practice; the real contours of that change will, however, be set not by the annulment but by the statute to be prepared within the nine-month deferral period. The uncertainty peculiar to the transitional period should prompt the parties not to take hasty decisions but to prepare their file for the new legal position.
We set out the points requiring attention in practice as follows:
- Not losing sight of the fact that the existing provision remains valid because entry into force has been deferred
- The risk of judgment enforcement and coercive imprisonment arising where payments are stopped unilaterally
- Submitting the annulment decision to the file in due form in pending cases
- Gathering in advance the official documents evidencing the state of poverty
- Assessing claims for damages and under the matrimonial property regime, beyond poverty alimony, as a whole
- Monitoring the possibility of seeking adaptation or discharge under the transitional provisions of the new statute
Independent Legal provides advisory and litigation services throughout the whole of the process in divorce and alimony disputes, from risk analysis relating to the transitional period to the conduct of the litigation and enforcement stages.