Indefinite Spousal Maintenance Under Current Debates

Under Article 175 of the Turkish Civil Code, a spouse who will fall into poverty after divorce may claim indefinite maintenance from the other spouse, provided their fault is not heavier. This rule—known as poverty alimony—is among the most debated issues in practice. Poverty alimony aims to help the economically weaker spouse continue to meet living expenses after divorce. Its indefinite character, however, can create heavy consequences especially for the paying spouse.

In recent years there has been intense debate about abolishing indefinite maintenance or switching to a time-limited model tied to the length of the marriage. Various draft bills before Parliament propose setting the maintenance period in proportion to how long the marriage lasted. Critics focus on cases where the payer must continue paying even after remarriage or economic improvement, including after long marriages. Counter-arguments stress that the recipient’s hardship must not be overlooked.

When deciding claims to terminate or reduce poverty alimony, the Court of Cassation considers changes in the parties’ social and economic circumstances. The recipient’s starting work, remarrying, or gaining economic strength through inheritance may justify termination. The Court also holds that the payer’s retirement alone, or a temporary drop in income, is not enough by itself to terminate maintenance. • Remarriage of the maintenance recipient • Improvement in economic circumstances • Return to working life • Income obtained through inheritance • Serious fault on the part of the payer

Indefinite maintenance requires a balanced social and legal solution. Under the current rules, parties should act in light of up-to-date Court of Cassation case law and changing living conditions when claiming or contesting alimony. Support from a specialist family-law lawyer helps protect rights effectively on both claiming and defending sides in maintenance disputes.