Past-due alimony that has been fixed by a court decision can be claimed for past periods. In Court of Cassation (Yargıtay) practice, alimony receivables that fell due more than ten years before the date of the enforcement proceedings (takip) are assessed for limitation. However, this does not mean that a definitive debt can be calculated by subtracting ten years from the calendar in every file. Earlier enforcement steps, acknowledgment of the debt, payments, grounds for suspension, and the start or end date of the alimony must also be examined separately. [1–4]
Recovering accrued alimony and requesting alimony retroactively for the first time are different things. Past-due monthly payments under an existing decision, a first alimony action filed for the first time, and the right of action after divorce are not subject to the same time regime. This article focuses on calculating periodic receivables arising from a court decision and on separating the time limits from one another.
The difference between accrued alimony and a new retroactive claim
A decision exists but the monthly payments have not been made
In this case, the starting point is the existing judgment or interim decision. It is determined which type of alimony was awarded, in whose favor, from which start date and in what amount. Later decisions increasing, reducing or ending the alimony are also incorporated into the calculation periods. Multiplying the number of months by the amount without deducting bank transfers and collections made through the enforcement file gives an incomplete result. [4–5]
The child reaching majority does not automatically erase child maintenance receivables that accrued in earlier months. However, the legal basis and the beneficiary of education support after majority must be determined separately. Continuing an old child maintenance decision for a new period and collecting an old debt are not the same operation. [3, Article 328; 5]
Alimony is being claimed for the first time
Years in the past for which there is no decision cannot be turned into an alimony debt by saying "I can claim the last ten years." The legal basis of the claim, the start date and the relevant special provision determine the outcome. For example, Article 196 of the Turkish Civil Code (TMK) regulates that a monetary contribution to family expenses while living together can be claimed for one past year and for future years. This provision is not a general rule granting a ten-year past right for all alimony types. [3]
Where alimony was not awarded in the divorce judgment and is requested later, a one-year limitation period under Article 178 of the TMK arises from the date the divorce judgment became final. This period must not be confused with the period for collecting past-due monthly payments under an existing alimony judgment. Other obstacles, such as waiver and res judicata, are also examined separately. [3]
Which period answers which question in an alimony claim?
| Situation examined | Relevant period or criterion | What should not be confused |
|---|---|---|
| Unpaid monthly payments under a court decision | Ten-year limitation period in Court of Cassation practice | The age of the judgment does not eliminate new monthly payments. |
| Enforcement based on a judgment that remains inactive | Ten years from the last step under Enforcement and Bankruptcy Law (İİK) Article 39 | Enforcement steps affecting the period are checked in the file. |
| New right of action arising from divorce | One year from finality under TMK Article 178 | This is not the collection period for accrued monthly payments. |
| Complaint of non-compliance with an alimony decision | Three-month and one-year limits under İİK Article 347 | The limitation of the claim and the period for a criminal complaint are separate. |
The table is not a final deadline calculation for a particular file. Service, the triggering event, the party's status and the actions affecting the period are documented before the calculation is made. Periods for applications in enforcement proceedings are also treated separately from the statute of limitations under substantive law. [1–4]
Why is the five-year rule for periodic claims not sufficient on its own?
Article 147 of the Turkish Code of Obligations (TBK) sets a five-year period for certain periodic performances. However, for debts tied to a court decision and for installments arising from alimony judgments, TBK Article 156(2), İİK Article 39 and the relevant Court of Cassation practice are considered together. Therefore, it is incorrect to apply a five-year period automatically to accrued alimony tied to a judgment merely because it is paid monthly. [1–2, 4]
Is the statute of limitations applied automatically?
Under TBK Article 161, a judge cannot take into account a limitation defense that has not been raised. However, to which authority and within what period the debtor must apply depends on the type of enforcement and the time when the claim arose. The idea that "there is a limitation" is not a reason to leave a served enforcement order unanswered. [1–2]
Objections arising before the enforcement order
Under İİK Article 33, objections based on limitation, discharge (itfa) or respite (imhal) must be brought before the enforcement court within seven days of service of the enforcement order. Depending on the nature of the claim, documentary requirements apply. The provisions on limitation in İİK Article 33/a must also be taken into account. [2]
Circumstances arising later during enforcement proceedings
For discharge, respite or limitation-based applications arising after service of the enforcement order, the law makes separate provision. Presenting an old objection as if it had arisen later, and asserting a circumstance that actually emerged during enforcement, are not the same. This distinction has consequences for the application period and for the documents to be examined. [2, Article 33]
How are events that suspend or interrupt the period assessed?
TBK Article 153 regulates cases in which the limitation period does not start or is suspended, for certain family relationships and other situations. For example, there are special provisions on claims between spouses while the marriage continues, and on a child's claims against the parents during parental custody. However, it cannot be said that these provisions automatically apply to accrued child maintenance without examining who the enforcement creditor is and what the nature of the parental custody relationship with the alimony debtor is. [1, 5]
Acknowledgment of the debt, partial performance meeting its conditions, and a lawsuit or enforcement proceedings matter for the interruption of limitation. After an interruption, a new period starts to run. For interruption through enforcement proceedings, the effect of the steps relating to the claim is assessed separately. A single payment receipt should not be assumed to have the same effect for all years' claims; it must be determined which debt was acknowledged or paid. [1, Articles 154–157]
Accordingly, in an old alimony file, the divorce judgment and today's date alone are not sufficient. Previous enforcement requests, payment and collection records, the last steps in the file and the parties' documents on the debt should be reviewed in chronological order.
How is an accrued alimony calculation prepared?
First, read the scope of the judgment
The starting date, monthly amount, indexation clause, payment period and termination conditions in the judgment are extracted. Adding an annual increase that is not contained in the judgment to the enforcement calculation, merely because inflation rose, is incorrect. An increase lawsuit and the calculation under an existing increase provision are different matters. [3, Articles 176, 331; 5]
Each month is shown on a separate line
The figures below are a hypothetical example created only to show the method. Interest, expenses, increases and the limitation assessment are not included in this simple table.
| Period | Monthly debt and payment under the decision | Monthly balance |
|---|---|---|
| January | 4,000 TL debt, 4,000 TL accepted payment | 0 TL |
| February | 4,000 TL debt, 1,500 TL accepted payment | 2,500 TL |
| March | 4,000 TL debt, no payment | 4,000 TL |
| Total | 12,000 TL debt, 5,500 TL payment | 6,500 TL |
In a real file, the order in which a payment is offset against principal, interest and costs also matters. A disputed bank transfer should not be entered directly as a definitive payment; its basis and the month it relates to should be explained. For an interest claim, the type, start date, period and applicable rate must be checked separately. Applying a single current interest rate to all past years is not sound practice. [1, Articles 100–102; 5] A similar distinction is discussed in the article Interest and Annual Increase in Alimony Calculation.
What do the Court of Cassation (Yargıtay) decisions say?
An old judgment does not render all alimony installments time-barred
In its decision dated September 23, 2019, E.2019/9724, K.2019/13231, the 12th Civil Chamber of the Court of Cassation (Yargıtay 12. Hukuk Dairesi) did not find it appropriate to annul the enforcement proceedings entirely on the ground that the alimony judgment was old. The decision emphasized that alimony is a receivable arising over time, and that installments which fell due more than ten years before the enforcement date should be assessed. The decision also required the debtor's other objections to be examined. [4]
The conclusion to be drawn is not that every old alimony judgment grants an unlimited right of collection. The review unit is not only the date of the decision, but the monthly amounts claimed and the events affecting the period.
An expert cannot include periods that were not claimed
In its decision dated October 15, 2018, E.2018/4388, K.2018/9773, the 12th Civil Chamber held that the period claimed by the creditor differed from the period calculated by the court-appointed expert (bilirkişi). The Chamber decided that the enforcement request and its annexes should form the basis and that, where necessary, the result should be reached for the correct period by a supplementary report. The same decision explained that child maintenance accrued before majority can be made the subject of enforcement after majority by the parent to whom custody was granted. [5]
The mention of a limitation objection at the beginning of this decision does not mean that the reversal was based on limitation. The concrete grounds for reversal are the calculation period and an incomplete examination. Decisions should not be read from their headings alone.
Preparing the file from the creditor's and the debtor's perspective
The creditor must clearly state which months and what amount are claimed. Omitting past collections, or claiming the same month in more than one file, can create duplication. The debtor must identify each amount claimed as paid, with its date and creditor information, and must explain the limitation objection together with the relevant enforcement steps.
For an initial review, the following should be prepared together: the decisions, finality information, the transaction records of current and earlier enforcement files, bank receipts, increase records, and documents affecting the period, such as the date on which the child reached majority. An accounting expert can check the amount technically; the claimant's right, the limitation and the interpretation of the judgment require legal evaluation.
In an application to Gunes & Gunes Law Firm, submitting a period table and the supporting decisions, rather than only stating the total debt, helps to define the scope of the claim or the objection.
Conclusion
With accrued alimony, the right question is not only "how many years back can one go?" First, the scope of the existing decision, the installments that fell due, the payments and the events affecting the period are determined. The ten-year practice, the one-year period for a new action and the time limits for enforcement complaints are assessed separately. An auditable monthly table reduces the risk of both missed collection and excessive enforcement claims.
Related articles: Types of alimony and their conditions; What to do if alimony is not paid?; Alimony after age 18: education and living expenses of a university student; How real income is determined in an alimony case: SED report and the claim of concealed income; How alimony payment is proven: unexplained transfers, cash payments and offsetting; Can alimony in foreign currency be converted into TL? Foreign currency debt, exchange rate increase and adaptation action; Collecting child maintenance from abroad
Frequently Asked Questions
How many years back can accrued alimony generally be claimed?
For alimony amounts fixed by a court decision, the Court of Cassation assesses a ten-year limitation period. Interruption, suspension and earlier enforcement steps mean that the concrete calculation must be carried out separately.
Can a divorce judgment older than ten years no longer be used?
No. The age of the judgment does not by itself eliminate newly accrued alimony installments. The periods claimed are examined separately.
Is an old debt erased when the child turns eighteen?
No. Child maintenance receivables that accrued before majority can still be claimed. Support after majority requires a different legal evaluation.
If there was no alimony decision before, can the last ten years be claimed?
The ten-year limitation rule alone does not create such a right. The legal basis of the first claim and its starting conditions must be examined.
Does the judge apply the statute of limitations on their own initiative?
It must be raised under TBK Article 161. The correct authority and the application period in enforcement proceedings are also important.
Can an alimony payment affect the limitation period?
Partial performance and acknowledgment of the debt can, depending on their conditions, lead to interruption. It must be determined which debt they relate to, and their scope.
Does the one-year period after divorce apply to all alimony debts?
No. The new right of action under TMK Article 178 is different from the collection of monthly payments fixed by a judgment.
Is an inflation increase automatically added to a past debt?
The increase condition in the judgment or in a subsequent decision is the basis. An increase not contained in the judgment is not added to the enforcement calculation merely on the ground of inflation.
Is the complaint period for coercive imprisonment (tazyik hapsi) also ten years?
No. Complaint periods and conditions are assessed separately under İİK Articles 344 and 347. They are not the same as the period for collecting the debt.
Is it sufficient to start proceedings with a single total amount?
When the monthly amounts, increases, payments and interest are shown separately, the calculation can be audited. Unclear periods and claims of duplicate collection can lead to disputes.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations, Articles 100–102, 147, 149, 151–157, 161. Checked on October 13, 2026.
- Law No. 2004, Enforcement and Bankruptcy Law, Articles 33, 33/a, 39, 344, 347.
- Law No. 4721, Turkish Civil Code, Articles 176, 178, 196, 328, 331.
- Court of Cassation (Yargıtay) 12th Civil Chamber, September 23, 2019, E.2019/9724, K.2019/13231. Official full text.
- Court of Cassation (Yargıtay) 12th Civil Chamber, October 15, 2018, E.2018/4388, K.2018/9773. Official full text.