Family Law
Types of Alimony in Turkey: How Interim, Child, and Post-Divorce Alimony Are Calculated
Alimony is a regular financial contribution made to the economically weaker spouse or to a child during or after divorce proceedings, and the law recognises three main types, each serving a different purpose.
Interim Alimony
Under Article 169 of Turkish Civil Code No. 4721, once a divorce or separation case is filed, the judge may order temporary interim alimony to support the parties and any children during the proceedings. This alimony automatically ends when the case concludes.
Child Alimony
Under Articles 182 and 327 of the Turkish Civil Code, the parent not granted custody after divorce is obliged to contribute to the child's care, education, and health expenses in proportion to their means; this contribution is called child alimony and is paid until the child reaches the age of majority, or longer if their education continues.
Post-Divorce (Poverty) Alimony
Under Article 175 of the Turkish Civil Code, a party who would fall into poverty because of the divorce may claim indefinite alimony from the other spouse, in proportion to the latter's financial capacity, provided their own fault is not greater. This alimony ends if the recipient remarries, either party dies, or the recipient is no longer in poverty.
How Alimony Is Calculated
There is no fixed mathematical formula for calculating the amount of alimony; the judge assesses the alimony debtor's income and assets, the creditor's needs, and the parties' social and economic circumstances on a case-by-case basis to arrive at an equitable amount. Comparable court decisions and the minimum wage level are frequently used as references in practice.
Increasing, Reducing, or Terminating Alimony
The amount of alimony may later be increased, reduced, or terminated entirely due to significant changes in the parties' economic circumstances (inflation, an increase or decrease in income); this request can be pursued through a separate lawsuit or enforcement proceedings.
Consequences of Failing to Pay Alimony
Enforcement proceedings may be initiated against an obligor who fails to pay alimony, and under Article 344 of the Execution and Bankruptcy Law, failing to comply with an alimony order also carries sanctions such as imprisonment of up to three months.
Practical Recommendations
To support your alimony claim, regularly keep documents showing your income and expenses (payslips, lease agreements, the child's education and health costs); apply promptly to have the alimony adjusted when a significant change occurs in your economic circumstances.
This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.