Quick summary: Turkish law recognizes four types of alimony: interim alimony (tedbir nafakası, during the case), poverty alimony (yoksulluk nafakası, for a spouse after divorce), child support alimony (iştirak nafakası, for a child) and assistance alimony (yardım nafakası, for close relatives). The amount is not fixed by law; the judge determines it equitably based on the parties' income, assets and standard of living. Alimony can always be increased, reduced or terminated; if it is not paid, enforcement proceedings and up to three months of coercive imprisonment come into play.
What Is Alimony?
Alimony is the regular financial support that, in cases provided for by law, a person pays to a spouse, child or close relative who cannot support themselves. Regulated under the Turkish Civil Code (TMK), alimony is the most debated topic in divorce cases and frequently turns into long-running enforcement and criminal disputes.
What Are the Types of Alimony?
| Type of Alimony | Legal Basis | Who Receives It? | When Is It Paid? |
|---|---|---|---|
| Interim Alimony | TMK Art. 169, 197 | Spouse and children | For the duration of the divorce/separation case |
| Poverty Alimony | TMK Art. 175 | Spouse who would fall into poverty due to divorce | After the divorce decision becomes final, indefinitely |
| Child Support Alimony | TMK Art. 182, 329 | Paid by the parent who does not receive custody, for the child | Until the child reaches the age of majority |
| Assistance Alimony | TMK Art. 364 | Descendants, ascendants and siblings | Provided they would fall into poverty without assistance |
1. Interim Alimony
When a divorce or separation case is filed, the judge orders interim alimony to secure the livelihood of the spouses and children while the case is pending. No fault investigation is conducted; the aim is to prevent hardship until the case concludes. Interim alimony begins from the date the case is filed and, once the decision becomes final, gives way to poverty and child support alimony. Even without a divorce case, a spouse living separately while the marriage is still ongoing may request interim alimony under TMK Art. 197.
2. Poverty Alimony
According to TMK Art. 175, a party who would fall into poverty because of divorce may request indefinite alimony from the other party in proportion to that party's financial means, provided that they are not more at fault. Three conditions are required together:
- The requesting party must not be more at fault (equal fault does not preclude alimony),
- They must fall into poverty as a result of the divorce,
- The alimony must be proportionate to the financial means of the other party.
In the Court of Cassation's practice, "poverty" means being unable to meet essential and necessary needs. Income at the minimum wage level alone does not bar poverty alimony; the person's social and economic situation is assessed as a whole. The law makes no distinction between men and women.
Important: Poverty alimony must be requested in the divorce case or in a separate lawsuit within one year of the divorce decision becoming final. If this period is missed, the right lapses.
3. Child Support Alimony
The parent who is not granted custody must contribute to the child's care and education expenses in proportion to their means (TMK Art. 182). Child support alimony is the child's right; the custodial parent cannot waive it. Even if no request is made, the judge orders it ex officio. It ends automatically when the child turns 18; however, an adult child who is still in education may continue to claim it under the name of assistance alimony.
4. Assistance Alimony
Under TMK Art. 364, everyone is obliged to provide alimony to their ascendants (mother, father, grandmother), descendants (child, grandchild) and siblings who would fall into poverty without assistance. For siblings, an additional requirement is that the person be living in comfortable circumstances. In practice, the most common case is an adult university-student child requesting assistance alimony from a parent.
How Is the Alimony Amount Calculated?
The law contains no fixed formula such as "a certain percentage of income." The judge assesses the following criteria together:
- The income, assets and occupation of the person obliged to pay (payroll, social security records, bank transactions, land registry and vehicle records),
- The income and needs of the alimony creditor,
- The standard of living during the marriage,
- For a child: age, school status, health and care expenses,
- Other persons the obligor is responsible for supporting,
- For poverty alimony: the degree of fault.
The court investigates the parties' social and economic circumstances through law enforcement (social and economic status investigation). Against a party who conceals their income, the actual income can be proven through bank records, social security statements and witness testimony. In its decision, the judge may also determine the rate at which the alimony will increase in future years (for example, in line with the CPI); this removes the burden of filing an increase lawsuit every year.
Alimony Increase, Reduction and Termination Lawsuits
Alimony does not create a final judgment; it is readjusted when circumstances change (TMK Art. 176/4, 331). Common situations:
- Increase: Inflation, the child growing up and education expenses rising, the obligor's income increasing.
- Reduction: The obligor losing their job, health problems, having a new child.
- Termination: The recipient of poverty alimony remarrying (it ends automatically), living as if married without formally marrying, their poverty ceasing, or leading a dishonorable life (by court decision); or the death of either party.
These cases are filed at the family court. The court of the alimony creditor's place of residence is also competent.
What Happens If Alimony Is Not Paid?
Alimony receivables are collected through enforcement proceedings based on a court judgment. Alimony claims have priority in salary garnishment, and nearly the entire salary can be garnished; the 1/4 limit that applies to other creditors does not apply to alimony. In addition, under Article 344 of the Enforcement and Bankruptcy Law, a debtor who fails to pay alimony despite notification of the enforcement order is punished with up to three months of coercive imprisonment upon the creditor's complaint. When the debt is paid, the prison sentence is lifted. The complaint must be filed within three months for each unpaid month.
Frequently Asked Questions
For how many years is alimony paid?
Poverty alimony is indefinite by law; it ends with remarriage, living as if married, the end of poverty, or death. Child support alimony is paid until the child turns 18; if their education continues, it continues for the duration of their studies under the name of assistance alimony.
Can a working woman receive alimony?
Being employed alone is not an obstacle. What matters is whether the income is sufficient to meet the person's essential needs. Poverty alimony is not granted to a spouse with a regular and sufficient income.
Which court handles alimony claims?
The family court. In places without a family court, the civil court of first instance hears the case in the capacity of a family court.
Looking for legal support for your alimony case? At our office in Bakırköy, we provide consultation on alimony claims, increase and reduction lawsuits, and enforcement of unpaid alimony. Request a consultation or explore our Family Law practice area.
Related articles: How to File a Divorce Case · How to Obtain a Restraining Order
Kasım Ergün — Founder of Avrasya Law Office. He practices law in Istanbul Bakırköy in the fields of family, employment, criminal, real estate and enforcement law. Our Team
This article is for general informational purposes and does not constitute legal advice. Legislation and case law may change; please consult an attorney for your specific situation.
