Constitutional Court Cancels Unlimited Alimony Regulation

The Constitutional Court annulled the provision of unlimited alimony in the Turkish Civil Code. The decision will take effect in 9 months; women's organizations reacted.

Scraper SystemJune 10, 2026, 05:36 PM

Constitutional Court Cancels Unlimited Alimony Regulation

The Constitutional Court (AYM) has substantively reviewed and decided on the annulment request regarding the regulation of unlimited alimony for divorced spouses, which was on the agenda of the General Assembly meeting scheduled for tomorrow. The Antalya 12th Family Court had applied to the Constitutional Court for the annulment of the provision in Article 175 of the Turkish Civil Code No. 4721, which states that alimony due to poverty is "unlimited," in a case it handled in 2025. In the objection application, the phrase "...unlimited..." in the first paragraph of Article 175 titled "Alimony Due to Poverty" of the Turkish Civil Code No. 4721, which states, "The party who falls into poverty due to divorce may request alimony indefinitely from the other party according to their financial capacity, provided that their fault is not greater," was requested to be annulled. The Constitutional Court took up the objection from the Antalya 12th Family Court on the agenda of the General Assembly. According to the report by ANKA, the High Court annulled the regulation by majority vote. The reasoning for the annulment decision will be written later. The Constitutional Court decided that the annulment decision will enter into force 9 months after the reasoned decision is published in the Official Gazette. The same application had previously been submitted to the Constitutional Court by the Kestel Civil Court of First Instance, claiming it violated Articles 2, 10, and 40 of the Constitution, but the High Court rejected the annulment request for the "unlimited alimony" regulation in 2012. The reasoning at that time emphasized, "The rule in question regulates that the other spouse must provide alimony without any time limit to protect the spouse who falls into poverty due to divorce, as long as the conditions are met, and this obligation is undoubtedly brought by the principle of social state of law." Additionally, the Women's Platform for Equality (EŞİK) reacted to the decision, stating on X (formerly Twitter):

"The Constitutional Court's annulment of the regulation on alimony due to poverty is unacceptable! While women in Turkey continue to struggle with unequal employment conditions, unpaid care work, and deepening poverty, the solution is not to restrict their existing rights but to eliminate inequalities."

Justice Minister Akın Gürlek made the following statement:

"Akın Gürlek @abakingurlek Building a balanced and fair model that protects the rights of both parties after divorce while preserving social peace and the dignity of the family institution has been one of our top priorities. Based on the intense demands from our citizens and field practices, this issue was already one of the main topics of the Judicial Package to which we have diligently contributed. In this context, we highly value the Constitutional Court's annulment decision regarding the 'unlimited alimony' provision in the Turkish Civil Code in the name of justice and equity principles. Taking into account the legal process granted by the Constitutional Court, we will present a new legal regulation to our Grand National Assembly that does not impose an unfair lifelong burden on one party and aligns with equity. Under the leadership of our President @RTErdogan, we will resolutely continue our reform steps to make the Century of Turkey a century of justice and social peace."

Constitutional Court Cancels Unlimited Alimony Regulation

The Constitutional Court annulled the provision of unlimited alimony in the Turkish Civil Code. The decision will take effect in 9 months; women's organizations reacted.