WHAT IS ALIMONY IN TURKEY?

Alimony in Turkey is a legal obligation regulated under the Turkish Civil Code, which requires one spouse to provide regular financial support to the other spouse by court order, provided that certain legal conditions are met. Divorce alimony is only one of the general types of alimony in Turkey, and its primary purpose is to ensure economic balance between spouses.

In addition to this, other types of alimony stipulated by law may give rise to an obligation to provide financial support to a child in need, parents, or other relatives. Therefore, alimony in Turkey is not limited solely to the relationship between divorced spouses, but instead has a much broader scope within the framework of Turkish family law.

According to the Turkish Language Association, alimony is defined as “the entirety of what is necessary for subsistence” and “a monthly payment granted by court order to persons whom one is legally obliged to support.” This definition clearly demonstrates both the social and legal dimensions of alimony in Turkey.

Alimony in Turkey is an institution that enables the spouse who becomes economically weaker after the dissolution of the marriage to receive financial support from the other spouse. The type of alimony (temporary alimony, poverty alimony, child support) and its amount are determined by the court by taking into account the economic and social conditions of the parties, the standard of living established during the marriage in Turkey, the needs of the children, and the principle of equity. If the spouses can not reach an agreement, the court’s discretionary power comes into play.

Contrary to common public belief, alimony in Turkey is not a form of payment exclusive to divorce proceedings. Assistance alimony, as regulated by law, may arise as an obligation toward ascendants, descendants, or siblings who are unable to support themselves financially. In this respect, alimony in Turkey functions as a mechanism that strengthens social solidarity among family members.

In conclusion, alimony in Turkey should be regarded not merely as a financial obligation between individuals, but also as a system designed to preserve social solidarity, intra-family assistance, and economic balance. Alimony provisions are enacted with consideration of public interest and aim to ensure economic protection for vulnerable segments of society.

WHAT ARE THE TYPES OF ALIMONY IN TURKEY?

In the Turkish legal system, alimony in Turkey is an important legal institution regulated to ensure economic balance between individuals, protect family solidarity, and encourage social assistance. Within this framework, four main types of alimony in Turkey are recognized:

• Temporary Alimony (Interim Spousal Support)
• Spousal Support (Poverty Alimony)
• Child Support 
• Assistance Alimony

Each type of alimony in Turkey has different legal conditions, purposes, and areas of application. Therefore, when evaluating a spousal support claim in Turkey, the specific circumstances of the case and the social and economic conditions of the parties are taken into account.

1- What Is Temporary Alimony in Turkey?

Temporary alimony in Turkey is a provisional form of alimony that may be requested before the filing of a divorce case or during the divorce proceedings in Turkey. It is designed to cover the basic needs of the spouse who is in financial difficulty.

• Conditions for Awarding: Fault is not required for temporary alimony in Turkey. Even a spouse found at fault in the divorce may request temporary spousal support in Turkey.
• Purpose: The purpose is to prevent economic hardship before the dissolution of the marriage and to maintain a temporary financial balance between the spouses.

2- What Is Spousel Support in Turkey?

Spousel support in Turkey, which is awarded together with the divorce judgment, aims to provide financial support to the spouse who is likely to fall into poverty as a result of the divorce.

• Conditions for Awarding: The spouse requesting divorce alimony in Turkey must not be more at fault than the other spouse, and must be at risk of falling into poverty due to the divorce.
• Purpose: The aim is to prevent hardship caused by economic imbalance and to reduce the risk of poverty arising from divorce.

3- What Is Child Support in Turkey?

Child support in Turkey is the type of spousal support that requires the spouse who is not granted custody to contribute to the joint child’s expenses, including care, education, healthcare, and other mandatory costs.

• Conditions for Awarding: It is paid for minor children by the parent who does not have custody.
• Purpose: The objective is to protect the best interests of the child and to ensure that parents share the financial responsibility for the child’s care.

4- What Is Assistance Alimony in Turkey?

Assistance alimony in Turkey is a type of spousal support intended for relatives who are economically in need. Pursuant to Article 364 of the Turkish Civil Code, an individual is obliged to provide financial assistance to their descendants, ascendants, or siblings.

• Conditions for Awarding: The alimony claimant must be in need of assistance, and the obligated person must have the financial capacity to pay.
• For Adult Children: Adult children who continue their education and require financial support may request maintenance alimony instead of child support. In such cases, the support is paid directly to the adult child.

In conclusion, all types of alimony in Turkey are legal mechanisms that regulate family responsibilities, address social and economic needs, and strengthen social solidarity. Each type of alimony in Turkey is awarded subject to specific legal conditions and is assessed within the framework of the parties’ socio-economic status, living standards, and the principle of equity.

ALIMONY CLAIMS IN DIVORCE CASES IN TURKEY

In Turkey, an alimony claim in divorce cases is a frequently raised legal request aimed at preserving the economic balance between the parties, preventing financial hardship, and reducing the negative effects caused by divorce. A spouse who believes that they require alimony may assert this claim together with the divorce lawsuit. The fact that alimony claims are ancillary in nature makes it easier, in terms of procedural economy, for them to be examined within the same case.

Alimony claims in Turkey may be raised in both uncontested and contested divorce cases. However, there are significant differences between these two types of proceedings in terms of the legal basis, procedure, and consequences of alimony.

• Alimony Claims in Uncontested Divorce Cases in Turkey

An uncontested divorce in Turkey is a type of case in which the parties must reach full agreement on all elements of the divorce, including alimony, custody, compensation, and division of property. In this process, several key issues are of particular importance with regard to divorce alimony and other types of alimony:

1. Preparation of the Protocol: Alimony claims must be explicitly stated in the uncontested divorce protocol. If no provision regarding alimony is included in the divorce protocol, it is not possible to claim poverty alimony or pecuniary and non-pecuniary compensation after the divorce. This is because no determination of fault is made in uncontested divorce cases in Turkey. Therefore, the conditions of fault and poverty, which are required for awarding alimony, cannot be examined during the proceedings.
2. Child Support as a Matter of Public Order: In Turkey, child support is intended to cover the care and education expenses of a minor child and is considered a matter of public order. For this reason, even if no provision exists in the protocol, a separate lawsuit for child support may be filed after the divorce. Moreover, the judge may rule on child support ex officio, even if neither party requests it, in line with the best interests of the child.

• Alimony Claims in Contested Divorce Cases in Turkey

In contested divorce cases in Turkey, alimony claims are examined within a judicial process marked by intense disputes, where the parties bear the burden of proving their allegations. In such cases, alimony claims are generally addressed in two stages:

1. Temporary Alimony Process in Turkey: During the proceedings, temporary alimony may be awarded by the judge in order to ensure that a party does not fall into economic hardship. The judge renders a decision by taking into account evidence such as social investigation reports reflecting the economic and social conditions of the parties. In urgent situations, a temporary alimony decision may be issued without waiting for the social investigation report. Interim decisions regarding temporary alimony are subject to objection. For example, the alimony obligor may prove that their financial situation is insufficient, that their income is low, or that the amount determined is excessive, by submitting documents such as lease agreements, loan repayment records, and utility bills.
2. Poverty and Child Support Alimony in Turkey: After the divorce decision becomes final, poverty alimony may be awarded to the spouse who will fall into financial hardship, while child support may be awarded to cover the expenses of the joint children. In contested cases, the granting of these types of alimony depends on whether the parties’ allegations are supported by legal evidence. The judge’s conviction is formed through a holistic evaluation of the evidence submitted by the parties and their statements made during the hearings.

WHAT ARE THE CONDITIONS FOR ALIMONY IN TURKEY?

In Turkey, alimony in divorce cases is a legal protection mechanism primarily designed to safeguard the spouse who is economically weaker and the joint children. Its purpose is to balance the financial and emotional effects that divorce may have on the parties, prevent a sudden decline in the living standards of family members, and maintain social order.

Divorce alimony in Turkey encompasses various types of alimony that may be applied both during the divorce proceedings in Turkey and after the divorce is finalized. For this reason, the conditions for alimony are assessed separately for each individual case, taking into account the specific circumstances involved. The judge renders a decision by considering the parties’ income levels, degrees of fault, living standards, the needs of the children, and relevant social and economic data.

The fact that alimony conditions vary in every divorce case in Turkey allows alimony to be tailored to individual needs. Accordingly, the assessment of divorce alimony claims in Turkey requires a comprehensive evaluation from both a legal and a socio-economic perspective.

• Conditions for Temporary Alimony in Turkey

In Turkey, temporary alimony is one of the types of divorce-related alimony and is paid during the divorce proceedings in order to prevent financial hardship for the economically weaker spouse and the joint children. According to the Turkish Civil Code, the main characteristics of temporary alimony are as follows:

1. Commencement and Duration: Temporary alimony begins with the filing of the divorce lawsuit and ends once the divorce becomes final.
2. Conditions for Awarding: The court takes into account the financial capacity of the economically stronger spouse and the needs of the party requesting alimony. Based on the request, the judge evaluates the balance between the parties’ income and expenses and decides whether to award temporary alimony.
3. Request for Adjustment: Where necessary, a request may be made to the court to increase or decrease temporary alimony in Turkey.

For example, if one party is unable to meet basic expenses such as rent and household costs, and the other party has sufficient financial means, the judge may rule that temporary alimony be paid to cover these expenses.

• Conditions for Spousel Support in Turkey

Spousel support in Turkey is a form of financial assistance paid by one spouse to the other in order to secure the livelihood of the spouse who will fall into financial hardship after the divorce. It is considered one of the most significant types of alimony within the divorce alimony system.

1. Legal Basis and Conditions: Pursuant to Article 175 of the Turkish Civil Code, in order for spousel support in Turkey to be awarded, the spouse requesting alimony must not be more at fault than the other spouse. The fault of the spouse obligated to pay alimony does not prevent the award of alimony.
2. Indefinite Duration: Under the law, spousel support in Turkey may be granted for an indefinite period. However, in cases such as changes in economic conditions, the remarriage of the alimony recipient, or leading a dishonorable lifestyle, a request may be made for the reduction or termination of alimony.
3. Determination of the Amount: When determining alimony in Turkey, the court considers the personal needs of the alimony recipient, such as housing, food, and healthcare, as well as the financial capacity of the alimony payer.

For example, if a spouse is unable to cover rent and basic living expenses due to the lack of personal income after the divorce, the court may rule on spousel support in Turkey in proportion to the other spouse’s financial capacity.

• Conditions for Child Support in Turkey

In Turkey, child support is a type of alimony awarded to cover the care, education, healthcare, and other essential needs of joint children. Participation alimony is awarded not only for biological children, but also for children with whom a parent–child relationship has been established through adoption. This type of alimony is also included within the broader divorce alimony system.

1. Public Order Nature: The obligation to meet children’s basic needs falls within the scope of public order. For this reason, the parties cannot waive child support. If required by the best interests of the child, the judge may award child support ex officio, even without a request from the parties.
2. Determination of the Amount: The judge evaluates the child’s needs, including education, healthcare, housing, clothing, and food. Within this framework, the court may order an expert examination and request documents and information from official institutions in order to determine the amount of child support.
3. Payment Obligation: The spouse who does not have custody is required to pay child support to the custodial parent in order to contribute to the expenses of the joint children.

Today, the increase in multinational marriages has led to a significant rise in parental abduction cases. Taking a joint child abroad without the explicit consent of the other parent does not eliminate the obligation to pay child support. In such cases, child support continues, and the parent obligated to pay alimony must fulfill their payment obligation.

In such situations, obtaining legal assistance from a lawyer specialized in international child abduction is of great importance in order to properly manage both the international legal procedures for the return of the abducted child and the ongoing alimony obligations.

WHAT IS AN ALIMONY LAWSUIT IN TURKEY?

An alimony lawsuit in Turkey is a legal action filed when a party who did not request alimony during the divorce proceedings wishes to claim alimony after the divorce judgment has become final. The fact that alimony was not requested during the divorce does not mean that it can no longer be claimed later. However, the scope of this right varies depending on whether the divorce was uncontested or contested.

1. General Framework of an Alimony Lawsuit in Turkey

In contested divorce cases in Turkey, the parties may request types of divorce-related alimony that were not claimed during the divorce proceedings—particularly poverty alimony—by filing a separate lawsuit after the divorce decision has become final. This practice is based on the following grounds:

• Determination of Fault: In contested divorce judgments in Turkey, the court determines the degree of fault of the parties. Therefore, even if alimony was not requested during the divorce, the spouse who is not more at fault may later claim spousel support in Turkey.
• Failure to Request Does Not Result in Loss of Rights: In contested divorce proceedings in Turkey, not requesting poverty alimony does not constitute a waiver. For this reason, an independent divorce alimony lawsuit may be filed after the divorce judgment becomes final.
• Economic Changes: Changes in the parties’ economic circumstances after the divorce, particularly loss of income or falling into poverty, may justify the filing of a subsequent alimony lawsuit in Turkey.

If an uncontested divorce protocol contains no explicit provision regarding poverty alimony, or if there is an express waiver of this right, it is not possible to claim divorce alimony in Turkey at a later stage. The main reasons for this are as follows:

• Express Waiver: If spousal maintenance is expressly waived in the protocol by a clear declaration of intent, such waiver produces definitive legal consequences.
• No Determination of Fault: Since no fault assessment is conducted in uncontested divorce cases in Turkey, the condition required for awarding divorce alimony—namely, that the requesting spouse is not more at fault—cannot be evaluated at a later stage.

For this reason, in uncontested divorces, the right to spousal maintenance must either be preserved from the outset or expressly regulated in the divorce protocol. However, claims for child support fall within the scope of public order and therefore may be asserted later in all circumstances.

2. Parties to a Alimony Lawsuit in Turkey

The parties to alimony lawsuits in Turkey are determined based on the type of alimony claimed and the specific circumstances of the case. Within the scope of divorce alimony in Turkey, the general framework is as follows:

• Plaintiff: The spouse who has fallen into poverty as a result of the divorce or the parent responsible for meeting the needs of the joint child is the party requesting alimony in Turkey. In particular, the fact that the spouse claiming divorce alimony experiences economic hardship constitutes the primary criterion for determining the plaintiff.
• Defendant: The former spouse or the person obligated to pay alimony, against whom the alimony claim is directed, holds the status of defendant, depending on the nature of the alimony. In alimony lawsuits in Turkey, the defendant is most commonly the economically stronger spouse.

In rare cases, in maintenance (assistance) alimony lawsuits in Turkey, the defendant may be the parents, siblings, or children of the person requesting alimony. However, such claims are not considered within the scope of divorce alimony in Turkey, and therefore are not addressed in detail in this text.

3. Burden of Proof and Evidence in Alimony Lawsuits in Turkey

In alimony lawsuits in Turkey, it is mandatory for the parties to support their claims with concrete and legally valid evidence in order for those claims to be accepted. Especially in divorce-related alimony claims, the court expects the economic and social conditions of the parties to be presented in an objective and verifiable manner.

• Proof in Spousal Maintenance Claims in Turkey

A final and binding court decision proving that the claimant was not fully at fault or was not more at fault in the divorce constitutes a prerequisite for claimings spousal Maintenance in Turkey. Without such evidence, it is not possible for the court to award poverty alimony in Turkey.

Documents such as bank records, Social Security (SGK) service statements, income certificates, witness statements, land registry records, and social–economic status investigation reports demonstrating that the claimant will fall into poverty after the divorce are among the most commonly used forms of evidence. These documents must clearly establish that the party requesting maintenance in divorce is unable to support themselves financially.

• Proof in Child Support Claims in Turkey

Documents such as receipts for educational expenses, healthcare expenditures, invoices and receipts showing clothing, housing, and nutrition costs, and bank payment records are used to prove the child’s regular and ongoing needs. Based on this evidence, the judge determines the child’s actual level of expenses.

Documents demonstrating the income and assets of the alimony obligor, including SGK records, salary payrolls, tax certificates, VAT declarations, land registry records, and vehicle registrations, play a crucial role in determining the amount of child support in Turkey. Where necessary, a social and economic status investigation or an expert examination may be conducted so that the alimony amount is based on objective data.

4. Statute of Limitations and Time Bars in Alimony in Turkey

Pursuant to Article 178 of the Turkish Civil Code, a claim for spousal support in Turkey may be filed within one year from the date on which the divorce judgment becomes final. This period does not constitute a forfeiture period, but rather a statute of limitations.

The court does not consider the statute of limitations ex officio; however, if the defendant raises a statute of limitations defense, the lawsuit will be dismissed. Therefore, it is of great importance for the party intending to claim alimony in Turkey to carefully monitor and comply with the applicable time limits.

5. Competent and Authorized Court in Alimony Lawsuits in Turkey

In Turkey, the competent court for hearing alimony lawsuits is the Family Court. In locations where no Family Court exists, the Civil Court of First Instance hears such cases in the capacity of a Family Court.

Pursuant to Article 177 of the Turkish Civil Code, in post-divorce spousal support lawsuits in Turkey, the authorized court is either the court of the plaintiff’s place of residence or the court of the defendant’s place of residence.

An alimony lawsuit in Turkey is an important legal remedy aimed at eliminating the financial imbalance created by divorce between the parties.

While spousel support in Turkey seeks to prevent the claimant from suffering economic hardship after divorce, child support in Turkey ensures that the child’s fundamental needs are adequately secured.

For this reason, the following factors are crucial to the success of alimony claims in Turkey:

• Strict compliance with the statute of limitations,
• Submission of accurate, concrete, and strong evidence,
• Obtaining legal assistance from an experienced divorce lawyer in Turkey,

all of which play a decisive role in achieving a successful outcome in spousal support and divorce alimony cases in Turkey.

HOW MUCH IS ALIMONY IN TURKEY?

1. Financial Situation of the Alimony Obligor: The court takes into account the alimony obligor’s financial capacity, including employment-related entitlements such as severance pay, notice pay, reinstatement compensation, worker compensation as well as salary, overtime payments, annual leave payments, regular income, rental income or additional earnings, and assets such as real estate and vehicles. The obligor’s overall financial strength is a key factor in determining the upper limit of alimony.
2. Needs of the Alimony Recipient: The basic living expenses of the spouse requesting alimony—such as food, housing (rent, electricity, heating), healthcare, transportation, and other essential costs—are examined in detail. These expenses directly affect the amount of alimony required.
3. Situation of the Joint Children: The children’s educational level, age, health conditions, and any special needs, as well as school expenses, courses, holidays, transportation services, and clothing costs, are evaluated. These factors directly shape the amount of child support.
4. Social and Economic Conditions of the Parties: The parties’ standard of living, social activities, income–expense balance, and overall economic conditions are taken into consideration. The judge aims to ensure that the alimony decision does not cause an excessive and unfair decline in the existing standard of living.
5. Risk of Poverty After Divorce: Whether the spouse requesting alimony will fall into poverty after the divorce is a crucial consideration. This situation is expected to be supported by documents and social–economic assessment reports.
6. Fault in the Divorce: The alimony recipient must not be more at fault than the alimony obligor. The degree of fault is one of the decisive criteria, particularly in relation to poverty alimony.

HOW MUCH OF A SALARY IS PAID AS ALIMONY IN TURKEY?

There is no fixed ratio, percentage, or mathematical formula under the Turkish Civil Code to answer the question “How Much of a Salary Is Paid as Spousal Support in Turkey?” This is because alimony in Turkey is determined at the judge’s discretion, based on the specific economic and personal circumstances of each case. The judge evaluates the facts of the case, the social and economic conditions of the parties, and the needs arising after divorce.

ENFORCEMENT OF ALIMONY DECISIONS AND THE OBJECTION PROCESS IN TURKEY

In divorce cases in Turkey, the enforcement of alimony decisions and the procedures for objecting to such decisions are subject to different legal rules depending on the type of alimony awarded. Interim alimony (temporary spousal support in Turkey) is granted to meet the temporary needs of the parties while the divorce proceedings are ongoing and is collected through enforcement proceedings without a court judgment. As it is in the nature of an interim decision, either party may request a modification by claiming that the amount is excessive or insufficient. If new documents are submitted or if there is a change in economic circumstances, the court may increase, decrease, or completely abolish the interim alimony.

Spousal support in Turkey and child support in Turkey awarded together with the final divorce judgment are considered judgments with executory force and are enforced through enforcement proceedings with a court judgment. Direct objection is not possible for these types of alimony; however, a separate lawsuit may always be filed in Turkey requesting an increase or reduction of alimony. Significant changes in the parties’ incomes, such as loss of employment, health problems, new financial obligations, or changes in living conditions, are decisive factors taken into account by the court when reassessing the alimony amount.

After an alimony decision is enforced, it is frequently encountered in practice that the alimony obligor attempts to avoid payment by transferring or concealing assets. In such cases, the alimony creditor has the right to file a sham transaction lawsuit, including actions for cancellation and registration of title deeds, by alleging that the debtor’s transactions are fraudulent and intended to evade alimony obligations.

In practice, actions such as encumbering immovable property with mortgages, showing fictitious sales to third parties, or placing collusive seizures on bank accounts are often regarded as transactions aimed at asset evasion. The identification and neutralization of such unlawful dispositions require expertise in both enforcement law and real estate law. Therefore, in Turkey, receiving legal assistance from a lawyer specialized in real estate law is of great importance in alimony enforcement proceedings.

WHAT IS INDEFINITE ALIMONY IN TURKEY?

Indefinite alimony in Turkey refers to a type of spousal support in Turkey that is ordered to be paid by one spouse to the other when the financially weaker spouse is expected to fall into poverty after divorce. For indefinite spousal support in Turkey to be awarded, several legal conditions must be met cumulatively. These conditions are as follows:

1. One of the Parties Must File a Request

In Turkey, indefinite alimony is a claim-based (request-dependent) type of spousal support. The court cannot rule on indefinite alimony ex officio unless one of the parties explicitly requests it.

In addition, the spouse requesting alimony must clearly specify the amount claimed. The judge cannot award a higher amount than what is requested.

2. The Requesting Spouse Must Not Be More at Fault

The spouse requesting indefinite spousal support in Turkey must not be more at fault than the other spouse. In other words, the spouse who bears greater fault in the divorce cannot benefit from poverty alimony. If the requesting spouse is found to be more at fault, the alimony request will be rejected.

3. The Requesting Spouse Must Fall into Poverty

When assessing indefinite alimony in Turkey, the court evaluates whether the requesting spouse will fall into poverty, taking into account their financial situation, income level, assets, and ability to work.

Poverty does not need to be extreme or absolute. It is sufficient that the requesting spouse lacks the financial capacity to maintain the standard of living enjoyed during the marriage.

4. The Alimony Must Be Proportionate to the Paying Spouse’s Financial Capacity

The amount of indefinite spousal support in Turkey is determined primarily based on the financial capacity of the spouse who will pay alimony. An indefinite alimony obligation cannot be imposed on a spouse whose economic situation does not allow it. The alimony amount must be fair, proportionate, and compatible with the parties’ economic balance.

5. Legal Background of Indefinite Alimony in Turkey

Under Article 144 of the former Turkish Civil Code No. 743, spousal maintenance in Turkey was previously limited to a maximum period of one year. According to this regulation, if the faultless spouse fell into serious poverty, alimony could only be awarded for up to one year.

However, with the legislative amendment dated 04.05.1988, which entered into force on 12.05.1988, a new regulation was introduced establishing that spousal maintenance in Turkey would be granted indefinitely. Since that date, indefinite spousal support in Turkey has been the applicable legal rule.

6. International Perspective

From a comparative law perspective, indefinite divorce alimony in Turkey is generally not accepted in many foreign legal systems. In most countries, spousal support following divorce is limited to a specific period of time. As a result, the Turkish system of indefinite spousal support in Turkey is often considered stricter and more burdensome compared to international practices.

In conclusion, indefinite alimony in Turkey is a crucial legal mechanism designed to protect the spouse who becomes financially disadvantaged after divorce. However, factors such as the existence of a formal request, the parties’ fault distribution, and whether the requesting spouse will fall into poverty play a decisive role in determining both entitlement and the amount of alimony in Turkey.

IS IT POSSIBLE TO GET A DIVORCE WITHOUT ALIMONY IN TURKEY?

In Turkey, alimony in divorce cases—particularly poverty alimony and other types of alimony—is decided by taking various circumstances into account. However, in certain exceptional situations, no alimony is awarded, and a divorce without alimony becomes possible. Especially when assessed from the perspective of situations that may operate against men, the circumstances in which alimony will not be ordered can be listed as follows:

• Extramarital Relationship of the Wife: If it is proven that the wife had a relationship with another person during the marriage, this may justify not awarding alimony in Turkey. When one spouse fails to fulfill marital obligations, that spouse is deemed at fault. In such cases, the obligation to pay alimony to the other spouse may be questioned, and a divorce without alimony may be granted in Turkey.
• The Wife Being at Fault: If the wife is found to be at fault in the events leading to the breakdown of the marriage, her right to claim alimony may be eliminated. Granting alimony to the spouse who is responsible for the fundamental reasons for the divorce is generally considered legally inappropriate.
• The Wife’s Strong Financial Situation: If the wife has a higher income than her husband, her right to claim alimony may be limited. Where the wife has a sufficient level of income to sustain her life independently after the divorce, the court may decide on a divorce without alimony.
• Extramarital Relationship or Other Sources of Income: If the wife begins living in an extramarital relationship after alimony has been awarded, or starts earning additional income such as rental income, this may constitute grounds for the reduction or removal of alimony. Under the Turkish Civil Code, the continuation of poverty alimony depends on the persistence of the recipient’s state of poverty. If the recipient acquires new income or their financial situation improves to the extent that poverty no longer exists, continuation of alimony is not legally mandatory.
• Loss of Employment or Decrease in Income of the Alimony-Paying Husband: If the husband, who is the alimony obligor, loses his job or experiences a significant reduction in income, he may face serious difficulty in paying alimony. This situation may be accepted as a valid reason for the non-payment of alimony. If the obligor’s financial condition deteriorates to the point where payment is no longer possible, the court may decide not to order alimony, resulting in a divorce without alimony.

Each alimony decision varies depending on the specific circumstances of the case and the economic conditions of the parties. In Turkey, situations warranting a divorce without alimony commonly include the wife being at fault, having additional income sources, engaging in an extramarital relationship, or the alimony obligor lacking sufficient financial capacity.

HOW IS THE ALIMONY INCREASE RATE CALCULATED FOR 2026 IN TURKEY?

The alimony increase rate for 2026 in Turkey, as in previous years, is determined based on official inflation data and economic indicators. When setting the increase rate, courts generally rely on the Consumer Price Index (CPI / TÜFE). This method has long been accepted as the standard approach in the case law of the Court of Cassation.

The amount of alimony in Turkey ordered by the court—either during divorce proceedings or after the divorce judgment becomes final—may become insufficient over time due to changing economic conditions. Inflation, increases in the cost of living, and rising education, healthcare, and care expenses of children may necessitate a reassessment of alimony.

In such cases, the party receiving spousal support in Turkey may file an alimony increase lawsuit to request an update of the existing alimony amount. When evaluating the request for an increase, the court takes into account the following factors:

1. CPI (TÜFE) increase rates,
2. The current economic and social conditions of the parties,
3. The increased needs of the child or the alimony recipient,
4. The financial capacity of the alimony obligor,

and accordingly increases the alimony amount for 2026 in Turkey in a manner that is fair and compliant with the law.

• What Are The Justified Grounds For Filing An Alimony Increase Lawsuit In Turkey?

An alimony increase lawsuit in Turkey may be filed when the existing alimony amount becomes insufficient under current economic conditions. Within the framework of the Turkish Civil Code and settled case law of the Court of Cassation, the following situations are accepted as justified grounds for increasing divorce alimony in Turkey or spousal support in Turkey:

1. Depreciation of Money (Effect of Inflation): Due to inflation, the purchasing power of money decreases, which may cause the existing alimony to become inadequate to meet basic needs. In such cases, updating the alimony amount is legally possible.
2. Economic Crisis and Increased Living Costs: Economic fluctuations, significant increases in the cost of living, and rising essential expenses constitute important reasons that may necessitate an increase in alimony.
3. Financial Improvement of the Alimony Obligant: If the alimony obligor’s income increases, such as through a salary raise, starting a new business, earning rental income, or growth in assets, these developments may serve as valid grounds for an alimony increase.
4. Emergence of New or Increased Expenses of the Alimony Recipient: An increase in the needs of the alimony recipient or the joint child—including higher education costs, healthcare expenses, housing costs, or special education needs—may require the alimony amount to be reassessed.

If one or more of these conditions occur, the alimony increase rate in Turkey may be re-determined by the court. The Turkish Civil Code allows alimony to be updated in response to changing economic and social conditions, aiming to protect both parties within a fair and equitable balance.

• Calculation of the Alimony Increase Amount in Turkey

In Turkey, the alimony increase rate is generally determined in line with Yargıtay precedents, based on the Producer Price Index (PPI / ÜFE) or the Consumer Price Index (CPI / TÜFE) announced by the Turkish Statistical Institute (TÜİK). However, these indices are guiding indicators only, and courts may also take into account overall economic conditions when determining the final increase rate.

• CPI Rate for Alimony Increase in Turkey in 2026

The alimony increase rate for 2026 in Turkey will be calculated based on the Consumer Price Index (CPI / TÜFE). The CPI measures the overall change in consumer prices compared to the previous year. This rate is a key indicator for both alimony payers and recipients, as it directly affects household budgets.

HOW ARE FINANCIAL AND MORAL COMPENSATION CLAIMS REQUESTED IN DIVORCE CASES IN TURKEY?

Claiming financial and moral compensation in divorce cases in Turkey is one of the most significant legal consequences of the divorce process. Financial and moral divorce compensation refers to the amount that the faulty spouse is obliged to pay in order to compensate for the losses suffered by the other spouse as a result of the divorce.

These types of compensation are considered ancillary (supplementary) consequences of divorce in Turkey and are determined primarily based on the degree of fault of the parties. A spouse who is fully at fault or more heavily at fault may be held liable to pay material and/or moral compensation.

In Turkey, the nature of compensation claims and the requirements of proof may differ depending on whether the divorce case is uncontested (by mutual consent) or contested. Particularly in contested divorce cases, proving fault and clearly demonstrating the damage suffered play a decisive role in whether compensation claims are accepted.

In both uncontested and contested divorce cases in Turkey, mediation is not a mandatory precondition for filing claims related to material or moral divorce compensation.

WHAT IS FINANCIAL COMPENSATION IN DIVORCE IN TURKEY?

Article 174/1 of the Turkish Civil Code clearly regulates the legal framework of financial  compensation that may be claimed as a result of divorce.

According to Article 174/1 of the Turkish Civil Code:

The innocent or the less at-fault party whose existing or expected interests have been harmed due to divorce may claim appropriate material compensation from the at-fault party.

Financial compensation in Turkey is a type of compensation that may be claimed by a spouse whose existing or expected economic interests have been harmed due to divorce, for the purpose of compensating such loss. In practice, material compensation arises from fault-based liability and, in this sense, constitutes a legal consequence of conduct that causes damage.

In divorce cases in Turkey, for financial compensation to be awarded, there must be a causal link between the damage suffered and the at-fault conduct that led to the divorce, and the spouse claiming compensation must be faultless or less at fault.

In consensual (mutual) divorce cases in Turkey, financial compensation is based on the free will and agreement of the parties, and both the amount and the payment terms are determined by the spouses themselves. In this respect, it differs from material compensation claims in contested divorce cases.

HOW IS DIVORCE COMPENSATION OBTAINED IN TURKEY?

In Turkey, financial and moral compensation claims arising from divorce may be asserted in two different ways:

1. Claiming Compensation Together with the Divorce Lawsuit in Turkey

When filing a divorce lawsuit in Turkey, claims for financial and moral compensation may be asserted within the same petition. Since these claims are considered ancillary (accessory) consequences of divorce, the following advantages apply:

• No proportional court fee is paid: Because compensation is requested together with the divorce case, no additional proportional fee is charged.
• No proportional attorney’s fee is awarded: The attorney’s fee is calculated only on the divorce case, not separately for compensation.

👉 This method is the most advantageous and strategic option in Turkey for claiming financial and moral divorce compensation.

2. Filing a Separate Compensation Lawsuit After the Divorce Case in Turkey

After the divorce judgment becomes final, a separate lawsuit for financial and moral compensation may be filed in Turkey, based on the fault determination related to the events that caused the divorce. However, in this case:

• A proportional court fee must be paid: Since compensation is the subject of an independent lawsuit, proportional fees apply.
• A proportional attorney’s fee is calculated: The attorney’s fee is determined proportionally based on the compensation claim.

👉 Because this method entails additional costs, it is less preferred compared to claiming compensation together with the divorce case.

In mutual (uncontested) divorce cases in Turkey, material or moral compensation claims that are not included in the divorce protocol cannot be asserted after the divorce.

The reasons are as follows:

• No fault determination is made in mutual divorces.
• Fault determination is a legal prerequisite for both material and moral compensation claims.

Therefore, in the event of a mutual divorce, all divorce compensation claims and divorce settlement must be expressly and clearly included in the divorce protocol. Any compensation claim not incorporated into the protocol cannot be brought as a lawsuit later.

In conclusion, asserting divorce compensation claims in Turkey together with the divorce lawsuit is generally the most effective, economical, and legally secure approach, particularly to avoid additional fees and procedural disadvantages.

IS IT POSSIBLE TO OBJECT TO DIVORCE AWARD IN TURKEY?

CAN PROVISIONS REGARDING SPOUSAL SUPPORT AND DIVORCE COMPENSATION BE INCLUDED IN A PRENUPTIAL AGREEMENT IN TURKEY?

Under the Turkish Civil Code, marriage contracts are concluded within the scope of Turkish Contract Law for the purpose of determining the property regime between the spouses. However, such agreements may not contain provisions concerning personal rights and obligations. In this context, agreements on spousal support in Turkey (divorce alimony in Turkey) or divorce compensation concluded before the marriage are legally invalid.

Divorce-related spousal support in Turkey and divorce compensation depend on conditions that may arise after the termination of the marital union, and these matters may only be determined by the judge, taking into account the specific circumstances of the case. Therefore, pre-nup agreements in Turkey made by the parties on these issues are not legally binding. Even if provisions regarding spousal support in Turkey or divorce compensation are included in a prenuptial agreement, such clauses are deemed invalid due to their contradiction with the Turkish Civil Code.

While provisions regarding divorce compensation and spousal support are strictly prohibited in a Turkish prenuptial agreement, they are the primary elements of a Divorce Settlement Agreement in Turkey. Under Turkish law, once a divorce case is initiated or the decision to end the marriage is made, the parties may enter into a divorce settlement to mutually determine the divorce award. Unlike a prenup, a divorce settlement agreement in Turkey allows spouses to agree on the specific amount of pecuniary and non-pecuniary damages (material and moral compensation). However, for this divorce settlement in Turkey to be legally binding, it must be submitted to the court and approved by the judge, who ensures the agreement remains fair and protects the fundamental rights of both parties.

For this reason, when entering into a marriage contract, the parties must be aware of the statutory limits and must leave matters relating to personal rights and obligations—such as spousal support in Turkey and divorce compensation—to the discretion of the judge. This approach is fully compatible with the systematic structure of the Turkish Civil Code, which aims to protect the interests of the parties through judicial assessment based on concrete circumstances.