The Constitutional Court's indefinite alimony annulment will come into force on June 30, 2027

The justification for the Constitutional Court's (AYM) critical annulment decision regarding alimony was published in the Official Gazette. The Supreme Court, which discussed the issue upon the application of the Antalya 12th Family Court, found it unconstitutional and annulled the phrase in Article 175 of the Turkish Civil Code, which allows the party who will fall into poverty due to divorce to request alimony from the other party "indefinitely" in proportion to his financial capacity.

The Constitutional Court decided that the annulment provision would come into force 9 months after its publication in the Official Gazette. The 9-month period started with the publication of the decision in the Official Gazette on September 30, 2026. The cancellation provision will come into force on June 30, 2027. However, during this period, how the current alimony system will work, what will happen to the ongoing cases and past alimony payments are also on the agenda. Lawyer Süreyya Kardelen Yarli and Lawyer Şükran Eroğlu answered frequently asked questions about alimony for Milliyet.

'The current system will continue'

■ What will happen in nine months?

Lawyer Süreyya Kardelen Yarli: Existing alimony provisions will continue to be applied until June 30, 2027, when the cancellation provision will come into force. In this process, ongoing cases will not be suspended, they will proceed according to the current regulation and decisions will be made. The nine-month period is important in terms of making a new legal regulation and preventing a legal gap from occurring in this process.

■ Can a new lawsuit be filed?

Cases will continue to be filed and heard. Courts will decide according to current legislation. There is currently no new law in force that determines the periods to which alimony will be limited. There are some formulas that are reflected in the public opinion, but none of them are a finalized legal regulation today.

■ Does indefinite alimony expire?

No. Today, we cannot say that the alimony of a person who was divorced years ago and has been receiving alimony for a long time will automatically terminate due to this decision. It will become clear with the new regulation.

'There may be victimization'

■ Can it cover alimony awarded in the past?

Legally, whether the new regulation will be applied retroactively is an issue that also needs to be evaluated. As a rule, the regulation is expected to have results in the process after it comes into force. We do not know today whether the legislature will introduce a special transitional provision covering alimony decisions made in the past.

■ What kind of situation might emerge if past alimony payments are included?

If it is retroactive, great suffering may occur. Suddenly, people can apply to the courts to request the removal of alimony. How will a woman who lives on alimony establish a new order if it is suddenly cut off? In addition to serious grievance, it can also create legal confusion.

■ What about short-term marriages?

Just because a marriage is short-lived does not mean that the economic consequences of divorce will disappear in a short time. For example, the marriage may have lasted for 1 year, but the woman may have moved away from working life or suffered a serious economic loss because of this marriage.

■ Is the judge's discretion important?

If the judge is given discretionary power, the person's current economic and social conditions can be evaluated and a decision can be made based on the concrete case whether the alimony will continue or not.

'The economic conditions of every woman are not the same'

■ How might the abolition of indefinite alimony affect women?

Lawyer Şükran Eroğlu: Women may be victimized. There are some rumors that different arrangements will be made if the woman cannot find a job again in long-term marriages. However, she may be a disabled woman who has not been able to access educational opportunities and therefore cannot find a job. Not every woman's condition is the same.

■ Can a person request continuation of alimony by showing his economic situation?

The answer to this depends entirely on how the new law will be regulated. The person may request the continuation of alimony by revealing his financial circumstances, but the provisions of the new law determine whether this is possible or not. If the law clearly states that "indefinite alimony cannot be ordered" and stipulates that alimony can only be paid for a certain period of time or in a lump sum, the possibility of courts to order indefinite alimony may be eliminated.

■ Can alimony recipients be told "It will end on this date"?

No. Whether past decisions will be affected, the status of ongoing alimony, and under what conditions the courts can award alimony from now on, will become clear with the new regulation as well as the entry into force of the annulment provision.

■ In the new regulation, will the alimony period be determined according to the duration of the marriage?