Alimony claims are considered one of the strongest types of claims that must be protected for the creditor in Turkish law. Therefore, some special rules, different from other claims, are applied regarding the enforcement of alimony decisions.
One of the most frequently asked questions in practice is this: Can enforcement be stopped if an appeal or cassation is filed against an alimony decision? The general rule in Turkish law is that the path of stay of execution (suspension of enforcement) is closed for alimony decisions. However, in some exceptional cases, a stay of enforcement may be requested under Article 33 of the Enforcement and Bankruptcy Law.
Analysis of Stay of Enforcement and Stay of Execution in Alimony Debts
1. Prohibition of Stay of Execution at the Stage of Legal Remedy (General Rule)
Due to the vital importance of alimony claims and the principle of protecting the creditor, the institution of “stay of execution” (suspension of enforcement) is closed against alimony provisions in the Turkish legal system.
Legal Basis: In accordance with the provisions of Article 350/1 and Article 367/1 of the Civil Procedure Law No. 6100, and Article 36 of the Enforcement and Bankruptcy Law No. 2004; the fact that an appeal or cassation has been filed does not stop the enforcement of alimony decisions. The legislator has clearly stipulated that a decision for stay of enforcement cannot be made in alimony decisions.
Prohibition of Postponement Certificate: In accordance with Article 36/4 of the Enforcement and Bankruptcy Law (EBL), a debtor cannot be granted time (a postponement certificate) for the postponement of enforcement in alimony provisions. The 8th Civil Chamber of the Court of Cassation (2017/10449 E. ) and Regional Courts of Justice confirm that alimony receivables are intended for essential living needs, regardless of whether they are based on a judgment or not, and are therefore exempt from the postponement of enforcement procedure.
Constitutional Compliance: The Constitutional Court (2023/76 E. , 2015/104 E. ) found the enforceability of alimony decisions without becoming final and the prohibition of postponement of enforcement to be in conformity with public order and the freedom to seek rights, on the grounds that “one of the parties could be in a very difficult situation.”
2. Postponement of Enforcement Under Article 33 of the Enforcement and Bankruptcy Law
Although the alimony debtor cannot request postponement of enforcement during the appellate stage, they may request the postponement of enforcement based on certain substantive legal grounds in accordance with Article 33 of the EBL.
Condition of Payment (Redemption) and Proof: The debtor may claim that the debt has been paid within 7 days from the notification of the enforcement order. However, this claim must be proven with documents issued or approved ex officio by authorized bodies or with enforcement records (EBL Art. 33/1).
Moral Obligation and Set-off Issue: According to the precedents of the Court of Cassation (8th Civil Chamber 2014/8904 E. , 2014/27236 E. ), payments that do not include an alimony explanation, are not in line with the monthly alimony amount, or are not made regularly are considered “fulfillment of a moral obligation” and are not set off against the alimony debt. For the postponement of enforcement, payment documents must contain a clear reference to the receivable subject to enforcement.
Statute of Limitations: The statute of limitations for alimony judgments is 10 years. However, since alimony is a continuously accruing receivable, the postponement of enforcement due to the statute of limitations is only possible for installments exceeding 10 years backward from the date of enforcement proceedings (Court of Appeals, 8th Civil Chamber 2014/14259 E. , 12th Civil Chamber 2012/3290 E. ).
3. Special Cases and Exceptions
Interim Alimony within the Scope of Law No. 6284: Interim alimony granted under this scope cannot be subject to enforcement proceedings based on a judgment; its enforcement is carried out directly through the enforcement office (in the capacity of an enforcement officer). Therefore, the standard postponement of enforcement procedure is not applicable to these decisions (Court of Appeals, 8th Civil Chamber 2016/132 E. ).
Adulthood Status: Child support automatically terminates upon the joint child reaching adulthood. Since this constitutes a “contradiction to the judgment,” the debtor may request an indefinite postponement of enforcement (Court of Appeals, 8th Civil Chamber 2013/14018 E. ).
Postponement of Enforcement Imprisonment: Pursuant to Article 344 of the Enforcement and Bankruptcy Law (İİK), when a decision of enforcement imprisonment is rendered against a debtor who fails to pay alimony; if the debtor has filed a lawsuit for the cancellation or reduction of alimony, the enforcement court may postpone the execution of the imprisonment by awaiting the outcome of this lawsuit (Court of Appeals, Criminal General Assembly 2007/36 E. ).
Protocols and External Agreements: Protocols drawn up between parties and not approved by the court cannot alter the effect of a final judgment. Requests for postponement of enforcement based on such documents are rejected due to the binding nature of the final judgment (Court of Appeals, 12th Civil Chamber 2023/6110 E. , 2021/12143 E. ).
4. Secondary Source Analysis and Application Notes
Secondary Source: In the decisions of Izmir 4th Civil Court of Commerce (2025/709 E. ) and Istanbul 6th Civil Court of Commerce (2019/343 E. ), the characteristic of alimony decisions as “immediately enforceable” and “subject to a stay of execution prohibition”, unlike commercial receivables, has been emphasized as an exception within the context of family law’s special need for protection.
Secondary Source: In the decisions of the Supreme Court 12th Civil Chamber (2022/10385 E. ) and 8th Civil Chamber (2015/19086 E. ), it has been stated that alimony increase decisions can be enforced before becoming final, that the debtor’s request for a stay of execution does not halt enforcement proceedings, but that accounting errors can be corrected through a complaint.
Secondary Source: The Supreme Court 8th Civil Chamber (2016/19110 E. ) has indicated that interim court decisions are not in the nature of judgments and therefore cannot be enforced through executory proceedings based on a judgment; consequently, the discussion of a stay of execution under Article 36 of the EBL (Enforcement and Bankruptcy Law) can only arise in properly initiated executory proceedings based on a judgment.
Conclusion: In alimony debts, the suspension of execution (stay of execution) against security during the higher court review (appeal/cassation) is not legally possible. The deferral of execution can only be requested from the enforcement court under the limited reasons within Article 33 of the EBL (payment, statute of limitations, deferment) and upon proof with qualified documents.
Frequently Asked Questions
Nafaka kararına karşı istinaf veya temyiz başvurusu yapılması icrayı durdurur mu?
Hayır. Türk hukukunda nafaka kararlarına karşı yapılan istinaf veya temyiz başvuruları icranın durmasına neden olmaz. 6100 sayılı HMK ve 2004 sayılı İcra ve İflas Kanunu hükümlerine göre nafaka alacakları kesinleşmeden de icra edilebilir. Bu nedenle borçlu taraf, kanun yoluna başvurmuş olsa bile nafaka ödemek zorundadır.
Nafaka borçlarında tehiri icra (icranın durdurulması) mümkün müdür?
Genel kural olarak nafaka alacaklarında tehiri icra mümkün değildir. Kanun koyucu, nafaka alacaklarının yaşam ihtiyaçlarını karşılamaya yönelik olması nedeniyle icranın geri bırakılması kurumunu bu alacak türü bakımından sınırlandırmıştır. Bu nedenle teminat yatırılarak icranın durdurulması gibi uygulamalar nafaka borçlarında geçerli değildir.
Nafaka borçlarında icranın geri bırakılması hangi durumlarda mümkündür?
Nafaka borçlarında icranın geri bırakılması ancak İcra ve İflas Kanunu’nun 33. maddesi kapsamında mümkündür. Borçlu, borcun ödendiğini, zamanaşımına uğradığını veya başka bir nedenle sona erdiğini resmi belgelerle ispat ederse icra mahkemesinden icranın geri bırakılmasını talep edebilir. Ancak bu talebin kabul edilmesi için ödeme veya borcun sona erdiğine ilişkin resmi belgelerle ispat şarttır.
Information Note on the Deferral of Execution in Alimony Debts
1. Absolute Prohibition During Legal Recourse (Stay of Execution Not Possible):
Relevant Legislation: HMK No. 6100 art. 350/1, art. 367/1 and EBL No. 2004 art. 36.
Regulation: The legislator, considering the vital importance of alimony receivables; expressly prohibited the stay of execution (tehir-i icra) of alimony judgments, even if security is provided, during the appeal or cassation stages. In accordance with EBL art. 36/4, a debtor cannot be granted a period (certificate of delay) for the stay of execution in alimony judgments.
Effect: Alimony decisions can be executed before they become final, and it is not possible to stop the enforcement until the review by the higher court is concluded.
2. Stay of Execution Due to Payment, Statute of Limitations, and Deferment (EBL art. 33):
Relevant Legislation: EBL No. 2004 art. 33 and art. 33/a.
Regulation: The debtor, within 7 days from the notification of the enforcement order; may request the stay of execution by claiming that the debt has been paid, postponed, or is subject to the statute of limitations.
Condition of Proof: The claim of discharge (payment) must be proven with documents issued ex officio by authorized bodies, or approved in accordance with procedure, or with enforcement records. According to Supreme Court precedents, payments that do not include an alimony explanation or are not regular may be considered “fulfillment of a moral obligation” and may not be deducted from the alimony debt.
Statute of Limitations: The statute of limitations period for alimony judgments is 10 years. However, since alimony accrues over time, only installments exceeding 10 years backward from the enforcement date can be stayed due to the statute of limitations.
3. Postponement of Coercive Imprisonment (EBL art. 344):
Relevant Legislation: EBL No. 2004, art. 344.
Provision: When a decision of coercive imprisonment is rendered due to non-payment of alimony, if the debtor has filed a lawsuit for the cancellation or reduction of alimony, the enforcement court may postpone the application (execution) of the coercive imprisonment, pending the outcome of this lawsuit.
4. Points to Consider in Practice:
Interim Alimony: Interim alimony payments granted under Law No. 6284 cannot be subject to enforcement proceedings based on a court judgment; the enforcement of these decisions is carried out directly through the enforcement office (in the capacity of an enforcement officer).
Finalization Requirement: Alimony decisions, unlike other provisions related to family law, are among the exceptional decisions for which a finalization requirement is not sought for their enforcement.
Protocols: Protocols privately drawn up between the parties and not approved by the court cannot alter the provision of a finalized court judgment, and requests for postponement based on these protocols may be rejected.
Why is Expert Lawyer Support Necessary?
Enforcement proceedings for alimony debts are a technical field involving both family law and enforcement law rules, which can lead to many erroneous actions in practice. Especially the calculation of alimony debt, the distinction between current alimony and accumulated alimony, requests for postponement of enforcement, or complaint procedures against enforcement actions often require legal expertise.
Therefore, it is important that execution processes regarding alimony receivables are evaluated by an experienced Istanbul lawyer. Especially an Istanbul alimony lawyer specializing in family law can provide legal support to their clients in the collection of alimony receivables, enforcement procedures related to alimony debt, and requests for the postponement of enforcement.
Operating in the field of family law and alimony disputes, 2M Hukuk Law Office provides consultancy services throughout Istanbul on divorce cases, alimony cases, and the collection of alimony receivables through enforcement. The team of Istanbul divorce lawyers and Tuzla alimony lawyers working within the office provides legal support in enforcement proceedings and enforcement court processes carried out due to alimony debts.
Since errors made in enforcement procedures related to alimony debt can lead to serious loss of rights, it is important that the process is carried out by an experienced Tuzla lawyer or an Istanbul alimony lawyer.
