Constitutional Court Decision on the Indefiniteness of Poverty Alimony

Cancellation of Permanent Alimony Regulation (2026) is a judicial decision resulting from the Constitutional Court (AYM)’s ruling on 4 June 2026, which annulled the phrase “permanently” in the first paragraph of Article 175 of Law No. 4721 on the Turkish Civil Code.

Constitutional Court (AYM), during its General Assembly meeting on 4 June 2026, annulled by majority vote the phrase “permanently” in the first paragraph of Article 175 of Law No. 4721 on the Turkish Civil Code. The Court decided that the annulment would enter into force nine months after its publication in the Official Gazette. The application was submitted in 2025 by the Antalya 12th Family Court.

Article 175 of Law No. 4721 on the Turkish Civil Code, titled “Poverty Alimony,” contains the following provision: “The party who will fall into poverty due to divorce may request alimony from the other party in proportion to their financial capacity, provided that their fault is not greater, and this alimony shall be paid permanently. No fault shall be attributed to the alimony obligor.”

The article consists of two paragraphs. The first paragraph regulates that the party falling into poverty due to divorce may request alimony from the other party in proportion to their financial capacity and permanently, provided their fault is not greater. The second paragraph stipulates that the fault of the alimony obligor shall not be examined.

The previous legal framework under Law No. 743 on the Turkish Civil Code, Article 144, required the party seeking alimony to be “innocent” and limited the duration of alimony to one year. The amendment introduced by Law No. 4721 removed this time limit and replaced the condition of “innocent spouse” with “spouse whose fault is not greater.” Additionally, the former law’s requirement that a husband could only claim alimony if the wife was in a state of affluence was removed from the new law’s scope on the grounds that it violated the principle of gender equality.

Poverty alimony is a type of maintenance alimony awarded to a party who falls into poverty due to divorce. In the Turkish legal system, alimony is categorized into two main types: assistance alimony and maintenance alimony. Maintenance alimony is further divided into three categories: precautionary alimony, participation alimony, and poverty alimony.

Poverty alimony is a claim right arising from law, not from contract. It also constitutes a legal obligation for the party required to pay alimony. Since it is recognized as a right strictly personal to the individual, it cannot be transferred to heirs by inheritance; however, if there is an outstanding alimony debt and the alimony recipient has died, the heirs may claim the accrued amount.

The Court of Cassation’s Grand Chamber for Civil Law has explained the legal basis of poverty alimony as follows: Alimony does not have the nature of a penalty or compensation; rather, it represents the continuation of the mutual duty of care and support that existed during the marriage.

In 2025, the Antalya 12th Family Court, while examining a case, submitted an application to the Constitutional Court requesting the annulment of the provision in Article 175 of the Turkish Civil Code that allows poverty alimony to be granted permanently. The High Court included this application in its General Assembly agenda and rendered a decision on the merits on 4 June 2026.

^{Justice Minister Akın Gürlek - (Anadolu Agency)}

Justice Minister Akın Gürlek made a statement via his social media account on 4 June 2026. Minister Gürlek stated that establishing a balanced and fair model that protects the rights of both parties during divorce proceedings while safeguarding social harmony and the dignity of the family institution is one of the top priorities on the agenda.

Minister Gürlek indicated that, in light of public demands and practical applications, this issue constitutes one of the core topics of the Justice Package currently under preparation. He added: “In this context, we regard the Constitutional Court’s decision annulling the ‘permanent alimony’ provision in the Turkish Civil Code as extremely valuable in the name of justice and fairness. Taking into account the legal process recognized by the AYM, we will submit to our esteemed Parliament a new legal regulation that is fair and does not impose an unjust lifelong burden on either party. Under the leadership of our President Mr. Recep Tayyip Erdoğan, we will persistently continue our reform steps to make the Century of Türkiye a century of justice and social peace.”