Spousal Maintenance in Turkey: Alimony After Divorce and the Constitutional Court Decision on Indefinite Maintenance
Spousal maintenance (in Turkish, yoksulluk nafakası) is one of the most debated financial consequences of divorce in Turkey. Until now, it could be awarded for an indefinite period. In 2026, the Constitutional Court annulled the words “for an indefinite period” in the relevant provision of the Turkish Civil Code (TCC), raising many questions about existing and future maintenance orders.
This guide explains what spousal maintenance is, what the Constitutional Court decision changes, what happens to existing maintenance orders, when maintenance ends or may be cancelled, and the actions for reducing maintenance.
In Brief: Spousal Maintenance in Turkey
- A spouse who would fall into poverty because of the divorce may claim maintenance from the other spouse, provided that their own fault is not greater (Article 175 TCC).
- The Constitutional Court annulled the words “for an indefinite period” in Article 175; spousal maintenance itself has not been abolished.
- The annulment enters into force on 30 June 2027; until then, the current rules continue to apply.
- Existing maintenance orders do not end automatically and must continue to be paid until changed by a court.
- Maintenance ends automatically on remarriage or death and may be cancelled by the court in certain cases.
What Is Spousal Maintenance?
Spousal maintenance is a periodic payment made after the divorce to a spouse who would fall into poverty because of the divorce. It is awarded upon request, in proportion to the paying spouse’s financial capacity, provided that the requesting spouse’s fault is not greater than the other’s. It is different from interim maintenance, which may be ordered during the divorce case regardless of fault, and from child support, which is paid for the children.
What Did the Constitutional Court Decision Change?
By its decision dated 4 June 2026, the Constitutional Court found the words “for an indefinite period” in Article 175 TCC unconstitutional and annulled them. The main points of the decision are:
- Spousal maintenance has not been abolished. The annulment concerns only the indefinite duration; the right of a spouse who would fall into poverty to claim maintenance continues.
- The duration should be determined case by case. The reasoning emphasises that the duration should be set taking into account factors such as the length of the marriage, age, health, education and employment opportunities.
- The annulment does not take effect immediately. It enters into force nine months after its publication in the Official Gazette, on 30 June 2027, to allow the legislature to adopt new rules.
What Happens to Existing Maintenance Orders?
Constitutional Court decisions do not apply retroactively. Maintenance awarded by final court judgments therefore does not end automatically. In particular:
- Payments must not be stopped. Maintenance ordered by a court must continue to be paid until it is changed by a new court decision. Unpaid maintenance may be enforced through enforcement proceedings, and a person who fails to pay maintenance may be subject to coercive detention of up to three months under Article 344 of the Enforcement and Bankruptcy Law.
- Payments already made cannot be reclaimed. The annulment does not affect past payments.
- The current rules apply during the transition period. Until 30 June 2027, Article 175 TCC continues to apply in its current form. How existing maintenance orders will be affected after that date will largely depend on the new legislation and its transitional provisions.
When Does Maintenance End?
Automatic Termination
Under Article 176(3) TCC, maintenance ends automatically, without the need for a court decision, if the receiving spouse remarries or if either party dies.
Cancellation by the Court
The paying spouse may file an action before the family court to cancel maintenance where:
- The receiving spouse lives with another person as if married without a civil marriage,
- The receiving spouse’s poverty has ended, for example because they have started earning a regular income or received an inheritance,
- The receiving spouse leads a dishonourable life.
The paying spouse must prove the circumstances justifying cancellation.
Action to Reduce Maintenance
Where the financial situation of either party changes significantly, the amount of maintenance may be increased or reduced by the court upon request. A reduction may be requested, for example, where the paying spouse’s income has decreased substantially or the receiving spouse’s needs have decreased.
Which Maintenance Obligations Are Not Affected?
The Constitutional Court decision concerns only spousal maintenance after divorce under Article 175 TCC. It does not affect child support, interim maintenance during the divorce case or maintenance between relatives.
Points for Foreign Nationals and Spouses Abroad
- Maintenance orders issued by Turkish courts may be enforced against a spouse in Turkey through enforcement proceedings.
- Maintenance orders issued abroad must be enforced in Turkey through an enforcement action; see our guide on the recognition of foreign divorce decrees in Turkey.
- Turkey is a party to international conventions on the recovery of maintenance abroad, which may facilitate cross-border claims.
Frequently Asked Questions
Has indefinite maintenance been abolished?
The Constitutional Court annulled the words “for an indefinite period”, but the annulment enters into force on 30 June 2027. Until then, the current rules apply, and spousal maintenance itself has not been abolished.
Can I stop paying maintenance now?
No. Court-ordered maintenance must continue to be paid until it is changed by a new court decision. Otherwise, enforcement proceedings and coercive detention may follow.
Can I file an action to cancel maintenance today?
Yes, if one of the statutory grounds for cancellation exists, such as cohabitation, the end of poverty or a dishonourable life.
Can I reclaim maintenance I have already paid?
No. The annulment does not affect payments made in the past.
Can a husband receive spousal maintenance?
Yes. Spousal maintenance does not depend on gender; either spouse who would fall into poverty because of the divorce may claim it if the conditions are met.
Conclusion
The Constitutional Court decision does not abolish spousal maintenance but requires that its duration be determined case by case once the annulment takes effect on 30 June 2027. Until then, existing orders remain binding and must be paid, while cancellation or reduction can still be sought on the statutory grounds.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish in spousal maintenance, cancellation and reduction actions, child support and other family law matters. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
