Türkiye may be entering a new era in its long-running debate over indefinite alimony after the Constitutional Court annulled a provision in the Civil Code allowing support payments to continue indefinitely, a decision that has sparked widespread discussion among legal experts and the public. Experts say the ruling could help prevent the misuse of alimony by individuals who exploit a mechanism originally intended to protect divorced spouses from poverty.
Reiterating the growing public calls to abolish indefinite alimony, “Some individuals have allegedly used the institution of marriage as a means of securing indefinite alimony as a long-term source of income rather than a temporary form of financial support,” Bünyamin Esen, former Social Security Institution (SGK) inspector and assistant professor at Istanbul Topkapı University's Department of Political Science and International Relations, told Daily Sabah.
In a landmark ruling on June 4, Türkiye’s Constitutional Court annulled a legal provision allowing indefinite alimony payments to a divorced spouse, ruling by majority vote that the regulation should be reconsidered.
While the court struck down the provision, it delayed the ruling’s entry into force for nine months, giving lawmakers time to draft a new legal framework.
Esen noted that civil society groups, including the Alimony Victims Platform, have long advocated reforms to end what they describe as a system of "lifelong financial obligation."
“The debate is not about eliminating support for economically vulnerable spouses,” he said. “Rather, it is about ensuring that alimony remains a balanced social protection mechanism that promotes self-sufficiency while preserving fairness for both parties.”
Under Article 175 of Türkiye’s Civil Code, titled “alimony for poverty,” a spouse who is expected to fall into poverty as a result of divorce may seek financial support from the other spouse in proportion to that spouse’s financial means, provided the applicant is not more at fault in the breakdown of the marriage.
The provision explicitly allows such support to be awarded on an indefinite basis, meaning Turkish law does not set a fixed time limit for alimony payments.
“The practice of indefinite alimony has also been viewed by some recipients as a disincentive to remarry, since alimony payments generally end upon remarriage,” Esen argued.
“As a result, some individuals have chosen to remain in long-term non-marital relationships rather than formally marry.”
According to the law, alimony obligations may be terminated if the recipient remarries, lives in a de facto marital relationship, is no longer considered impoverished, or if either party dies.
Courts assess a range of factors, including the parties’ income levels, standard of living, number of children, earning capacity, assets and overall socio-economic conditions when determining the amount of alimony.
Esen also added that concerns over potentially facing lifelong alimony obligations have also influenced family formation decisions among some men.
“For some young men, the prospect of being subject to indefinite financial obligations as a result of an unsuccessful marriage has led them to postpone marriage or avoid it altogether,” he said.
“In this sense, marriage can come to be perceived as carrying an excessive financial risk.”
The decision was welcomed by advocacy groups representing alimony payers, who have long argued that support obligations should not continue without a time limit.
In January 2022, then-Vice President Fuat Oktay said during a meeting on judicial reform that authorities had found that 66% of alimony payments were not being made.
If alimony is not paid, enforcement measures may include debt collection proceedings, wage garnishment, seizure of bank accounts and, in some cases, imprisonment for violating alimony obligations.
Legal experts, however, stress that each divorce case has its own unique circumstances and that alimony disputes cannot be assessed using a single set of criteria.
According to Esen, introducing reasonable time limits linked to the duration of a marriage would be more consistent with Türkiye’s social structure.
“While such a reform could initially contribute to an increase in divorce cases as the legal framework adjusts, its long-term effect may be the opposite,” Esen remarked.
“As society adapts to a more balanced system, the reform could encourage marriage and ultimately help reduce divorce rates by creating a fairer and more predictable legal environment for both parties.”
While some courts in practice use income ratios as a reference point, there is no binding formula for calculating alimony.
As a result, alimony awards vary significantly, and widely differing payment amounts are frequently seen in public discussions.
Moreover, Kaan Bayramzade, a lawyer and legal expert, argued that one of the fundamental principles of law is proportionality, noting that an obligation that becomes indefinite can eventually produce consequences that go beyond its original purpose.
“The issue drawing the most public criticism today is precisely this,” he said, exemplifying a person who was married for only three years may be required to continue paying alimony for 15 or 20 years. At the same time, the recipient may remain financially dependent despite having the capacity to work and achieve economic independence.
This raises questions about where the line should be drawn between legal protection and economic dependency.
Last Thursday, following the court decision, Justice Minister Akın Gürlek said that the government's planned reform of alimony regulations would seek to balance the rights of both parties following divorce, after the Constitutional Court annulled a provision allowing indefinite alimony payments.
In a statement posted on social media, Gürlek said the court's decision to strike down the "indefinite alimony" provision in the Turkish Civil Code was "extremely valuable in terms of the principles of justice and fairness."
He said establishing a balanced and equitable model that protects the rights of both parties after divorce, while preserving social harmony and the dignity of the family institution, remains one of the government's priorities.
Bayramzade drew attention to the current system warrants reassessment, emphasizing that alimony should not function as a lifelong source of income.
“Alimony is ultimately not intended to be a permanent income model,” he stressed. “Rather, it should serve as a social protection mechanism designed to prevent the economically disadvantaged spouse from falling into poverty during a transitional period following divorce.”
A time-limited alimony model could be adopted for short-term marriages, while stronger safeguards could remain in place for individuals in long-term marriages, particularly those of advanced age or those with limited ability to enter the workforce, according to Bayramzade.
"The key issue is ensuring that protecting one party does not come at the expense of unfairly burdening the other," he warned.
He proposed that if the goal is to create a system that protects those with legitimate claims rather than simply favoring the stronger party, future alimony regulations should strike a balance between the interests of both sides while also taking broader societal considerations into account.
The legal expert also added that a new framework based on the duration of the marriage and the specific circumstances of each case appears increasingly necessary.
Such a system, he continued, could help preserve fairness for both parties while avoiding measures that might discourage young people from forming families or entering into marriage.
