The alimony system is changing: Marriage duration and income status will be decisive

The work is expanded in the new regulation prepared after the Constitutional Court's (AYM) annulment decision regarding indefinite poverty alimony. It was stated that AKP President Recep Tayyip Erdoğan wanted the views of the parties to be taken more comprehensively.

It was reported that AKP Group Chairman Abdullah Güler presented alternatives regarding alimony regulation to the party management, and Erdoğan pointed out that the issue concerns different segments of society and instructed the study to be expanded.

Following this development, it was stated that the alimony regulation was removed from the 13th Judicial Package, and no official statement has yet been made as to whether it will be included in the package.

WOMEN'S ASSOCIATIONS AND JUDGES WILL BE MEETED

Within the scope of the new study, it is planned to consult the opinions of women's associations, relevant units of the Ministry of Family and Social Services, academics and family court judges.

It is envisaged that the previously prepared reports will be re-examined and a new text containing different options will be created.

MARRIAGE DURATION AND INCOME STATUS MAY BE DETERMINANT

One of the options being considered is that the duration of alimony is determined by the judge according to the conditions of each file.

In this context, criteria such as the duration of the marriage, the age and health status of the person requesting alimony, whether he/she works or not, whether he/she has a regular income and the economic conditions of the parties are on the agenda.

In cases where the circumstances require, indefinite alimony is also an option. However, the formulas in question are not finalized yet.

Constitutional Court CANCELED THE Phrase 'INDEFINITELY'

In its decision dated June 4, 2026, the Constitutional Court annulled the phrase "indefinitely" in Article 175 of the Turkish Civil Code, finding it unconstitutional.

The court pointed out that when determining the duration of alimony, criteria such as the duration of the marriage, the age of the alimony creditor, his education and health status, and his capacity to meet his economic needs with his own means may be taken into account.

The Constitutional Court also stated that in some cases, it may be possible to award lifelong alimony, but the criteria for this should be regulated clearly and predictably in the law. It was decided that the annulment provision would come into force nine months after the decision was published in the Official Gazette.

HOW IS ALIMONY APPLIED IN THE CURRENT SYSTEM?

In the current regulation, the party who will fall into poverty due to divorce and whose fault is not more severe than the other spouse can demand alimony from the other spouse in proportion to his financial ability.

Poverty alimony does not continue throughout life in all cases. While the payment ends automatically if the person receiving alimony remarries, it can also be canceled by court decision in cases where poverty is eliminated or the person lives as if he were actually married.

Child support paid for children generally lasts until the child reaches the age of 18. If education continues, alimony may be requested depending on the conditions.