Divorce is a process that permanently affects not only the emotional world of the parties but also their economic position and legal status. One of the most contested topics within that process is indefinite poverty alimony. Under the legislation in force, a party who will fall into poverty as a result of divorce may be awarded alimony with no time limit, provided that party is not at greater fault. The practice itself is the subject of intense debate on both social and legal levels.
Criticism concentrates on two axes. On one side stands the fact that the financial responsibility of the alimony debtor lasts for life; on the other, that the alimony creditor continues to receive support irrespective of whether they are fit to work. Alongside views that regard a lifelong payment obligation arising even after a short marriage as contrary to equity, there are also those who voice the concern that individuals who have not attained economic independence would be left unprotected. This picture keeps alive the calls for legislative amendment to abolish indefinite alimony or to limit it to fixed periods.
In this briefing note we examine the practice of indefinite alimony in Türkiye comparatively, against examples from different legal systems; we address the legal and social problems the rule gives rise to and assess the solutions that have been proposed.
The Concept of Alimony
Alimony is a monetary payment ordered by a court in order to secure the subsistence of the spouse or the children who are left in an economically weaker position following divorce or separation. In Turkish law this institution is regarded as a mechanism serving the function of civil law to safeguard social balance, and it has the character of a rule directed at preventing hardship to spouses and children.
In determining alimony, criteria such as the economic situation of the parties, the duration of the marriage, the distribution of fault and the risk of falling into poverty are assessed together. The court sets an amount by comparing the debtor’s capacity to pay with the creditor’s needs. That amount is not fixed; depending on changes in the circumstances of the parties, it may subsequently be increased, reduced or removed altogether.
The Practice of Indefinite Alimony in Türkiye
What Is Indefinite Alimony?
Indefinite alimony is poverty alimony awarded to the party left economically weak after divorce, which continues without being tied to any time limit. Under Article 175 of the Turkish Civil Code No. 4721, a spouse who will fall into poverty because of the divorce and who is not at greater fault may claim alimony from the other spouse for an indefinite period. The payment obligation continues unless circumstances such as the creditor’s remarriage, the creditor becoming able to provide for their own subsistence, or the creditor’s death arise.
Legal Basis
The statutory basis of indefinite poverty alimony in Turkish law is Article 175 of the Turkish Civil Code No. 4721:
Turkish Civil Code No. 4721, Art. 175
"The party who will fall into poverty because of the divorce may, provided that party is not at greater fault, claim alimony from the other party for an indefinite period for their subsistence. The judge may order the payment of alimony to the extent that the economic means of the other party permit."
The conclusions that follow from the provision may be summarised as follows:
- The capacity to pay of the spouse who stands as alimony debtor must be sufficient to meet the claim.
- The fault of the claiming party must not be greater than the fault of the other party.
- The statute lays down no time limit; alimony may be awarded for an indefinite period.
- The claimant must be in a position of falling into poverty because of the divorce.
In fixing the amount of alimony, the courts consider together the financial situation of the parties, their standards of living and the level of poverty. The circumstances in which alimony comes to an end and the manner in which it may be varied are governed by Article 176 of the Turkish Civil Code No. 4721. For detailed information on the subject, the study entitled What Is Indefinite Alimony? may be consulted.
The Transition from Time-Limited to Indefinite Alimony
Indefinite alimony has not been a feature of Turkish law in every period. In the past, poverty alimony was limited to a fixed term and payment was made only for a restricted period.
The former period: Civil Code No. 743
Article 144 of the former Civil Code No. 743, which entered into force in 1926, imposed a time limit on poverty alimony. Under that provision, the spouse who was free from fault in the divorce could claim alimony if they fell into severe poverty; the payment period, however, was limited to one year at most, and upon the expiry of that year the courts brought the alimony to an end.
That rule was criticised over time on the ground that it caused hardship to women left economically weak after divorce, and a need for amendment arose.
The 1988 amendment: removal of the time limit
The foundations of indefinite alimony were laid by the legislative amendment of 4 May 1988. The rule, which entered into force on 12 May 1988, provided for poverty alimony to be paid without any time limit. With that amendment poverty alimony ceased to be tied to a fixed term; the courts became able to order alimony to continue indefinitely unless a separate decision was given to remove it. The payment obligation continues unless the creditor remarries, becomes able to provide for their own subsistence, or the court decides to remove the alimony.
At the time, the amendment was characterised as a significant gain in terms of protecting the economically weaker party. It received support in particular for constituting a social safeguard for women unable to secure economic independence after divorce.
Alimony Regimes Around the World
Post-divorce alimony regimes differ markedly from one another according to a country’s legal system, social structure and economic policies. While indefinite alimony gives rise to intense debate in Türkiye, in many countries alimony is limited to fixed periods or has been abandoned altogether.
A comparative view reveals that different approaches exist along the axes of the common law system, the European countries and Islamic law.
Alimony Rules in Common Law Systems
The Alimony System in the United States
In the United States the alimony regime varies from state to state. Even so, the general tendency is for alimony to be time-limited, and the courts encourage spouses to attain economic independence.
Types of alimony in the United States:
Temporary Alimony: Alimony awarded while the divorce proceedings are pending, which ends when the action is concluded.
Rehabilitative Alimony: Paid for a fixed period so that the creditor spouse may attain economic independence by obtaining vocational training or taking up employment.
Reimbursement Alimony: Arises where one spouse has contributed to the education or career of the other.
Permanent Alimony: Awarded only in very long marriages and where the creditor is unfit to work. In recent years this type of alimony has been abolished in many states.
Alimony periods in the United States:
- In marriages of 15 years or more, alimony may be ordered for a longer period; permanent alimony, by contrast, is rarely awarded.
- In marriages lasting 5 to 15 years, the alimony period is set in proportion to the duration of the marriage.
- In marriages lasting 0 to 5 years, alimony is mostly not ordered at all, or a short payment period is provided for.
The Alimony System in England
The English courts exercise a broad discretion in matters of alimony. The general principle adopted, however, is that the parties should be encouraged to reach economic independence rather than that alimony should be made indefinite.
Types of alimony in England:
Interim Maintenance: Awarded for a short period while the divorce process is ongoing, so that the parties suffer no hardship.
Term Maintenance: After divorce, this is mostly ordered for a fixed period. Within that period the courts expect the creditor party to attain economic independence.
Joint Lives Maintenance: Awarded only rarely, in very long marriages and in respect of spouses unfit to work. Today the courts order this type of maintenance only in limited circumstances.
Alimony Rules in European Countries
Alimony regimes in Europe are built on an understanding that encourages spouses to attain economic independence. In most countries alimony is limited to a defined period of time, and indefinite alimony is ordered only in exceptional cases. The periods are generally determined according to the length of the marriage, the economic situation of the parties and their capacity to re-enter the labour market.
The Alimony System in Germany
In German law alimony is regarded as financial support of a temporary nature; the creditor is expected to secure their own economic independence as soon as possible.
The duration and conditions of alimony in Germany:
- In long marriages alimony may be spread over a longer period; awarding it so as to last for life, however, is extremely rare.
- One of the principal criteria determining the amount and duration of alimony is how long the marriage lasted.
- Enabling the divorced spouse to become able to provide for their own subsistence is among the basic aims of the system.
- Payments are generally brought to an end a few years after the divorce.
Indefinite alimony is almost impossible to encounter in Germany. As a rule, the courts adopt a stance that encourages spouses to attain economic independence.
The Alimony System in France
In France alimony is awarded in order to balance the difference between the economic positions of the parties after divorce. Even so, this payment too is time-limited; indefinite alimony is ordered only in very exceptional cases.
The duration and conditions of alimony in France:
- Alimony may be removed if the creditor party enters a new relationship or attains economic independence.
- Alimony is mostly set in proportion to the duration of the marriage.
- The court fixes the period having regard to the creditor’s capacity to work and their prospects of finding employment.
- Although a longer period may be provided for in long marriages, an award of lifelong alimony is quite rare.
The French courts direct the parties towards attaining their own economic independence.
The Alimony System in the Nordic Countries
Sweden, Norway and Denmark have legal systems that encourage spouses to attain economic independence as quickly as possible after divorce.
The duration and conditions of alimony in the Nordic countries:
- The courts encourage spouses to provide for their own subsistence through work.
- Alimony is mostly ordered for a very short period.
- In the great majority of cases, neither party is expected to make payments to the other after divorce.
- Even where the marriage has lasted a long time, the alimony period does not exceed a few years.
In Sweden, Norway and Denmark in particular, alimony periods are generally in the range of 1 to 3 years. Indefinite alimony, by contrast, is in practice never encountered.
Alimony in Islamic Countries
Islamic law governs the financial responsibilities that spouses bear towards one another during marriage and the support of the wife for a fixed period after divorce. There is no practice of indefinite alimony in this conception of law.
The basic principles of alimony in Islamic law:
Iddah alimony: Provides that the divorced wife receives alimony throughout the iddah period (as a rule three months, or until birth in the case of pregnancy). That right ends if the wife remarries or attains economic independence.
Child alimony: Paid by the spouse who does not have custody, for the child’s care, education and basic needs. The payment obligation ends when the child reaches a certain age or attains economic independence.
Subsistence support (mut’ah alimony): In some Islamic countries short-term subsistence support may be provided to the divorced wife; that payment, however, is not awarded so as to last for life. Although temporary assistance may be given where the wife is unable to provide for her own subsistence, this does not constitute an obligation.
These principles set out a basic approach to the effect that alimony in Islamic countries should be time-limited. Even so, each country has developed different practices within the framework of its own domestic legislation.
The Alimony System in Saudi Arabia
- Child alimony is determined according to the right of custody and serves the purpose of meeting the child’s basic needs.
- In Saudi Arabia, which adheres strictly to Islamic law, alimony is limited to the iddah period.
- A woman may receive alimony after divorce only for the duration of the iddah period.
- Women are not encouraged to work; family support is placed in the foreground instead.
There is no practice of indefinite alimony in Saudi Arabia.
The Alimony System in Egypt
Egypt has a civil law system based on Islamic law.
- The amount of alimony is fixed by taking into account the economic means of the husband and the hardship suffered by the wife.
- Payment of alimony throughout the iddah period is mandatory.
- Alimony after divorce is limited, according to the wife’s economic situation, to a few years at most.
- Child alimony continues until the child attains majority.
The essential rule in Egypt is that alimony is limited to a fixed period.
The Alimony System in Iran
A civil law system based on Shia Islamic law is in force in Iran.
- The divorced wife’s right to alimony is limited to the iddah period alone.
- Child alimony is paid by the spouse who does not have custody, in order to meet the child’s basic needs.
- If the wife has been supported financially throughout the marriage, her right to alimony after divorce is restricted.
There is no practice of indefinite alimony in Iran.
Alimony Rules in Asian Countries
Alimony practices in Asian countries likewise show significant differences according to legal system, social structure and economic policy. In countries such as India, China, Japan, South Korea and Indonesia, alimony is mostly limited to a fixed period, while indefinite alimony is not regarded as a widespread practice.
In these countries the function of alimony is to balance the economic difference between the spouses and to enable the parties to gain their independence after divorce; for that reason it is awarded for a fixed term. Indefinite alimony is possible in only a few countries and in highly exceptional circumstances.
The Alimony System in India
In India alimony is governed differently according to the religion to which a person belongs. The alimony rights of persons belonging to the Hindu, Muslim and other faiths are determined within the framework of their own civil law systems.
Alimony in Hindu law:
- In long marriages the alimony period may be extended; as a rule, however, indefinite alimony is not ordered.
- Under the Hindu Marriage Act of 1955, alimony is awarded for a fixed period according to the wife’s economic situation after divorce.
- Payment ends if the divorced spouse remarries or attains economic independence.
Awards of indefinite alimony are not common in India; time-limited alimony systems are generally preferred.
The Alimony System in China
The rules in China rest on an understanding that supports economic independence. Under the Chinese Civil Code the alimony period is limited to a defined span of time.
The duration and conditions of alimony in China:
- Alimony is fixed in proportion to the duration of the marriage.
- Payment is made for a fixed period in order to support the spouse left in an economically disadvantaged position after divorce.
- Alimony ends if the creditor party remarries or attains economic independence.
- There is no practice of indefinite alimony in Chinese law.
The Chinese courts take as their basis that alimony should be limited to a period sufficient for the divorced spouse to build a new life.
The Alimony System in Japan
The Japanese system rests on the understanding that the parties should attain economic independence as soon as possible after divorce. There is no practice of indefinite alimony in Japanese law.
The duration and conditions of alimony in Japan:
- Alimony is awarded for a transitional period so that the divorced spouse may reach economic independence.
- In the Japanese civil law system alimony is, as a rule, limited to a fixed period.
- The period may be extended in long marriages; a payment lasting for life, however, is not provided for.
Payments are discontinued if the creditor party remarries or attains economic independence.
The Japanese courts regard alimony as transitional support that allows the parties to attain their economic independence.
Conclusion and Assessment
Although the practice of indefinite alimony in Türkiye is intended to establish economic balance between divorced individuals, it stands today at the centre of significant legal and social debate because it gives rise to a financial obligation capable of lasting for life. The criticisms gather around the narrowing of the debtor’s economic freedom, the weakening of the creditor’s motivation to work, and the incompatibility with the principle of equity of leaving the payment unlimited in time.
Against that, there is also a view maintaining that ending the system without first establishing adequate social support mechanisms enabling women to attain economic independence would create fresh hardship.
Proposed Solutions
Rather than abolishing indefinite alimony altogether, a balanced system that minimises hardship to both the debtor and the creditor needs to be established. The principal proposals put forward to that end are as follows:
- Transition to a time-limited alimony model: The payment period could be set in proportion to the duration of the marriage. A rule providing, for example, that alimony be paid for no more than 5 years in a marriage that lasted 5 years could strengthen the sense of justice.
- A compensatory alimony model: Instead of payment over a fixed period, allowing the divorced spouse to discharge the obligation by a single lump-sum payment could be considered as an alternative solution.
- Models supporting economic independence: Policies increasing women’s participation in working life should be implemented; vocational training and employment programmes facilitating the creditor party’s return to the labour market should be established.
- A state-supported alimony model: Instead of indefinite payment, social assistance mechanisms could be brought into operation once alimony has been paid for a fixed period. In that way the debtor would be spared a lifelong financial burden, while state support could be strengthened so that no hardship arises.
- Drawing on comparative law experience: Reform work should take account of the time-limited alimony systems applied in Germany, France, England and the United States; proposals to limit alimony to the iddah period, as in Islamic countries, should also be brought into the assessment.
The Importance of a Balanced Model
Rather than abolishing indefinite alimony entirely, a flexible system should be devised that considers together such criteria as the duration of the marriage, the economic situation of the parties, their capacity to participate in the labour market and the custody position of the children.
Such a reform would, on the one hand, free the debtor party from lifelong economic responsibility and, on the other, prevent hardship to the creditor party by supporting them through social security systems and employment opportunities.
Restructuring the indefinite alimony system is not merely a technical question of law; it is a comprehensive reform issue that must be addressed together with the perspectives of gender equality, economic independence and social justice. The rules to be adopted are expected to produce a model that is fair, sustainable and mindful of the balance between the parties.
The Independent Legal Assessment
Although the debate on indefinite alimony is conducted in public along a line of principle, the great majority of disputes arise from the application of the existing provision to the concrete case. As long as the rule in force remains unchanged, what is decisive is the extent to which the condition of falling into poverty and the balance of fault can be established on the case file. Moreover, the fact that an action may be brought under Art. 176 of the Turkish Civil Code No. 4721 seeking the removal or reduction of alimony in the light of a change in circumstances shows that indefiniteness does not carry absolute finality.
In setting a road map for a concrete file, the following headings are of particular importance:
- Assessing the criterion of falling into poverty concretely, together with data on the party’s income and assets
- Examining the distribution of fault separately in terms of the "greater fault" threshold in Art. 175
- Supporting the data on the alimony debtor’s capacity to pay with up-to-date documents
- Invoking in good time the route of removal or reduction under Art. 176 where a change in circumstances arises
- Drafting the provisions on poverty alimony in an uncontested divorce protocol with sufficient clarity to avoid later disputes of interpretation
Independent Legal provides advisory services and conducts litigation at every stage of the process in disputes concerning the financial consequences of divorce, from the assessment of alimony claims to the conduct of adaptation and removal actions.