Alimony in Turkey: is indefinite maintenance ending?

Indefinite alimony in Turkey has not ended yet. The Turkish Constitutional Court (Anayasa Mahkemesi, AYM) struck out the word “indefinitely” (süresiz olarak) in Article 175 of the Turkish Civil Code (Türk Medeni Kanunu, TMK), but the annulment only takes effect on 30 June 2027. Until then the courts apply the article as it stands, and post-divorce maintenance for a spouse in need (yoksulluk nafakası) continues to exist.

This article covers the ruling, what happens to payments already being made, the conditions that have not changed, and the position of Turkish nationals living in Germany or the Netherlands. It reflects the law as of early November 2026.

The Constitutional Court ruling

Article 175(1) TMK provides, in substance: a party who will fall into need because of the divorce may claim maintenance indefinitely from the other party for their living costs, in proportion to the other party’s means, provided their own fault is not greater.

Following a referral from a court, the Constitutional Court annulled the words “indefinitely”:

AYM, E. 2025/156, K. 2026/131, decision of 4 June 2026,
published in the Official Gazette (Resmî Gazete) on 30 September 2026, No. 33386,
the annulment takes effect nine months after publication, on 30 June 2027.

Only those words are annulled. The conditions for maintenance, and paragraph 2 (“The fault of the person liable to pay maintenance is not required.”), remain.

Under Article 153 of the Turkish Constitution, the Court may set a later date for an annulment to take effect, and Parliament (TBMM) must then give priority to a bill filling the resulting gap. The nine months are the window for new legislation.

What applies until 30 June 2027?

Nothing changes in the text until then. Cases decided before that date are governed by Article 175 TMK as currently worded.

Various models for a new rule are being discussed in the Turkish press. As of 5 November 2026, no law amending Article 175 TMK has been published in the Official Gazette (current TMK text in the official UYAP Mevzuat system). Drafts and press reports are not binding.

Do current maintenance payments stop automatically?

No. Under Article 153 of the Constitution, annulment decisions do not have retroactive effect. Maintenance awarded in a final judgment does not end by itself on 30 June 2027.

Existing maintenance can already end or change today (Article 176 TMK):

it ends automatically if the recipient remarries or either party dies,
it is ended by court decision if the recipient lives in a marriage-like relationship without marrying, is no longer in need, or leads a dishonourable life,
it can be increased or reduced if the parties’ financial circumstances change or fairness requires it.

Whether maintenance already awarded could be given a time limit after 30 June 2027 depends on the new legislation and its transitional rules. This point is disputed: there is currently no express statutory provision and no binding court decision on it, and it is not certain how the courts will proceed. No firm answer is possible before a new law is passed.

Conditions for post-divorce maintenance

Under Article 175 TMK, the conditions today are:

The claimant must fall into need because of the divorce.
The claimant’s fault must not be greater than the other party’s; equal fault does not bar the claim.
The amount depends on the paying party’s financial means.

The paying party does not have to be at fault. Women and men can both claim.

If maintenance was not claimed in the divorce case, it can be claimed in a separate action within one year after the divorce judgment becomes final; after that, claims arising from the divorce are time-barred (Article 178 TMK).

Which kinds of maintenance are not affected?

The ruling concerns only post-divorce maintenance for a former spouse. It does not cover:

interim maintenance while divorce proceedings are pending (tedbir nafakası): the judge takes the necessary measures for the spouses’ living costs and the children’s care of their own motion (Article 169 TMK),
child maintenance (iştirak nafakası): the parent without custody contributes to the child’s care and education costs according to their means (Article 182 TMK). Parents’ duty of support lasts until the child comes of age and, if the child is still in education, depending on the circumstances until that education ends (Article 328 TMK).

If you live in Germany or the Netherlands

A Turkish court applies to maintenance claims between divorced spouses the law that governs the divorce: the spouses’ common national law, failing that the law of their common habitual residence, failing that Turkish law (Article 14(1)–(2) MÖHUK, the Turkish private international law act). If both spouses are Turkish citizens, a Turkish court applies Turkish law even if they live abroad, and with it Article 175 TMK and the effects of the ruling. See Article 14 MÖHUK.

If a German or Dutch court awarded maintenance, enforcing it in Turkey requires an enforcement order (tenfiz) from a Turkish court (Articles 50, 54 MÖHUK). The 2nd Civil Chamber of the Turkish Court of Cassation (Yargıtay) upheld a first-instance judgment recognising and enforcing a German family court’s child maintenance decision (E. 2023/2059, K. 2023/2696, 25 May 2023). The reasoning of the upheld judgment states that the limitation period for enforcing the judgment runs not from the date the foreign decision became final but from the date the recognition or enforcement decision becomes final. For the procedure, see Article 50 MÖHUK.

German and Dutch courts apply their own conflict-of-laws rules and may reach a different governing law for the same divorce. For maintenance proceedings there, including any time limit, please consult a lawyer admitted in that country.

If maintenance is not paid

In Turkey, a debtor who does not comply with a maintenance decision is, on the recipient’s complaint, ordered into coercive detention (tazyik hapsi) of up to three months and released once they pay (Article 344 of the Enforcement and Bankruptcy Act, İİK). If the debtor has sued to end or reduce the maintenance, the detention may be postponed until that case is decided. For related topics, see family law.

Frequently asked questions

When does indefinite alimony end in Turkey?

The annulment takes effect on 30 June 2027, when the word “indefinitely” drops out of Article 175 TMK. Parliament may pass new rules before then.

Will my current maintenance be stopped?

Not automatically: annulment decisions are not retroactive (Article 153 of the Constitution). What happens to existing maintenance later depends on the transitional rules of a new law.

Can I apply to end the maintenance?

Yes, if one of the grounds in Article 176 TMK applies, for example the recipient living in a marriage-like relationship or no longer being in need. The Constitutional Court ruling is not a ground on its own.

Does the ruling affect child maintenance?

No. Child maintenance is based on Article 182 and Articles 327 et seq. TMK; the ruling concerns only Article 175 TMK.

Sources

Questions about your case

If you would like to have assessed how the ruling affects maintenance you receive or pay, whether there is a ground under Article 176 TMK to end or reduce it, or how a German maintenance order can be enforced in Turkey, you can choose a date for a video call, a phone call or a meeting in Düsseldorf on the appointment page. Written questions can be sent through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for maintenance questions under German or Dutch law, please consult a lawyer admitted in that country. Useful to have ready:

the divorce judgment awarding maintenance, with its certificate of finality,
if a foreign court decided, that decision with its certificate of finality,
how both parties’ income and circumstances have changed since the decision.