What Is Alimony in Turkey?

Turkish family law provides for several types of alimony: interim alimony, poverty (spousal) alimony, and child support alimony. The Code also provides for a further type — assistance alimony — which a person who has fallen into poverty may claim from certain close relatives.

Each type of alimony serves a different purpose and is subject to different conditions, so correctly identifying which type applies to a given case matters.

Under Article 169 of the Civil Code, interim alimony is a temporary form of alimony awarded by the judge once a divorce or separation case has been filed, to cover the living expenses of the parties and any children for the duration of the proceedings. It may be requested as soon as the case is filed and continues until the case concludes.

This type of alimony aims to protect the economically weaker party and any children from hardship during what may be a lengthy divorce process. Even where no divorce case has been filed, a spouse living separately for a justified reason may, under Article 197 of the Civil Code, ask the judge for interim alimony for themselves and the children while the marriage continues.

Under Article 175 of the Civil Code, a party who will fall into poverty as a result of the divorce may, provided their fault is not more severe than that of the other party, request alimony from the other party indefinitely, for their support and in proportion to the other party's financial means. This claim arises once the divorce judgment becomes final and, if not raised during the divorce case itself, may be pursued through a separate lawsuit within one year of the judgment becoming final.

To be entitled to poverty alimony, the requesting party's fault must not be more severe than the other party's; neither party needs to be entirely without fault — what matters is the balance of fault between them. The amount is determined by the judge on an equitable basis, taking into account the social and financial circumstances of both parties.

Child support alimony requires the parent who is not awarded custody to contribute, in proportion to their means, to the child's care, education, and other needs. This form of alimony may be determined by the judge together with the custody arrangement, even without a specific request, since the child's welfare is a matter of public order.

Child support alimony generally continues until the child reaches the age of majority; however, where the child's education continues and the need persists, it may be extended beyond majority under certain conditions.

In determining the amount of alimony, the judge considers the parties' income, assets, needs, and standard of living together; the amount must be equitable. Under Article 176/4 of the Civil Code, the judge may set out in the judgment how the amount will change in future years (in practice, most often an annual increase at the producer price index rate published by the Turkish Statistical Institute). Where the parties' financial circumstances later change, an increase or reduction may be requested through a separate lawsuit; this process is covered in our article on increasing or reducing alimony.

Poverty alimony ends automatically where the receiving party remarries or either party dies; where the receiving party cohabits with someone as if married without formally remarrying, their poverty no longer exists, or they lead a dishonourable life, it is removed by court decision (Article 176). Working with an İzmir alimony lawyer can be useful for properly preparing an alimony claim and proving the relevant conditions.

What happens if alimony is not paid? The alimony debt can be enforced through enforcement proceedings; where the debtor fails to pay despite the payment order, the court may, upon the creditor's complaint, order coercive imprisonment of up to three months under Article 344 of the Enforcement and Bankruptcy Law. The imprisonment order is lifted once the debt is paid. Alimony also ranks as a priority claim in wage garnishment.

Can a working spouse receive poverty alimony? The Court of Cassation accepts that an income at the level of the minimum wage does not by itself eliminate poverty; the decisive question is whether the person's post-divorce income covers their necessary and reasonable living expenses. A spouse with a regular and sufficient income, however, cannot receive poverty alimony.

Where is an alimony lawsuit filed in İzmir? Alimony cases are heard by the family courts: the İzmir Courthouse in Bayraklı for the central districts, and the Karşıyaka Courthouse for districts within its judicial district. In poverty and child support alimony cases, the court of the alimony creditor's place of residence also has jurisdiction (Article 177 of the Civil Code). Our office in Konak provides support in family law matters across İzmir.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy