The Constitutional Court (AYM) removed the phrase in the first paragraph of Article 175 of the Turkish Civil Code, which allowed alimony to be requested "indefinitely", and the annulment decision regarding the indefinite alimony was published in the Official Gazette. Lawyer Hasan Can evaluated this important legal development, which has a wide public impact, within the framework of the 7 most curious basic questions in order to prevent its reflections in practice and loss of rights.
1- WHEN WILL INDEFINITE ALIMONY BE Abolished?
The annulment decision of the Constitutional Court will officially enter into force on June 30, 2027. In other words, indefinite alimony has not been eliminated as of today. The Supreme Court envisaged a transition period of 9 months in order to prevent the legal gap that would arise as a result of the annulment decision and to give time for the Turkish Grand National Assembly to make a new legal regulation.
2- HAS ALIMONY BEEN COMPLETELY ABOLISHED?
No, the alimony institution has not been completely abolished. What the Constitutional Court annulled is the "indefinite" nature of poverty alimony. The right of the spouse who will fall into poverty due to divorce to demand alimony is protected. With the new legal regulation, the duration of alimony; It will be limited according to criteria such as marriage duration, spouses' ages, economic status and fault rates.
In addition, the participation alimony given for the care and education of the children and the precautionary alimony granted during the litigation process are not affected by this decision and continue as they are.
3- WILL CURRENT ALIMONY BE CANCELED?
The publication of the decision in the Official Gazette does not automatically invalidate the alimony decisions that have been made and finalized by the Courts in the past. In principle, the decisions of the Constitutional Court are not retroactive. However, with the decision coming into force (June 30, 2027) and the new legal regulation to be issued by the Turkish Grand National Assembly, it is expected that existing alimony obligors will be given the right to file "adaptation" or "alienation of alimony" cases in the Family Courts.
4- CAN THOSE WHO PAY ALMOST PAYMENT STOP PAYING?
Absolutely not. If our citizens who pay alimony unilaterally cut off their payments with the thought "It was canceled anyway", this will lead to severe legal sanctions. Court decisions are binding unless removed by a new court decision. We would like to emphasize that it is not currently possible not to pay alimony based on the Supreme Court decision. In fact, it is not possible to cut alimony automatically unless a new adaptation or abolition decision is taken from the Court as of June 30, 2027. Alimony currently being paid must continue to be paid. Alimony obligors who automatically stop payment; may face sanctions such as enforcement proceedings, wage garnishment and repressive imprisonment for up to 3 months. Payments should continue as they are until the legal process is completed and a new decision is received from the Court.
5- WILL THOSE WHO PAY ALMOST FOR A LONG PERIOD BEABLE TO CLAIM THE ALIMONY THEY PAID?
Unfortunately, no. With the regulation, alimony will become permanent. Those who have been married for a short time but have been paying alimony for years will only be able to benefit from the regulation after June 30, 2027.
6- IF THE GNAT DOES NOT MAKE REGULATIONS, WILL ALIMONY STILL BE INDEFINITE?
No. When the postponement period ends, the phrase "indefinitely" will be completely legally repealed. In this case, since there will be a gap in the law, the judge will have to personally decide on temporary or indefinite alimony according to the characteristics of each concrete case, using his/her equity and discretion in accordance with Articles 1 and 4 of the TMK. However, since the current practice will continue until June 30, 2027, it is not possible for Judges to exercise such discretion.
7- CAN A MAN RECEIVE ALIMONY?
