The short answer
Maintenance is a regular payment ordered by a court to a spouse, child or relative who cannot support themselves. The law sets no percentage; the judge weighs the recipient's needs against the payer's means. If circumstances change, it can be increased, reduced or ended.
Unpaid maintenance is enforced through the enforcement office, and on the creditor's complaint the debtor can be ordered into coercive detention of up to three months (Enforcement and Bankruptcy Law, İİK Art. 344). The debate about indefinite alimony concerns spousal maintenance only, not child support or interim maintenance.
Types of maintenance
| Type | Paid to | When | Legal basis |
|---|---|---|---|
| Interim (tedbir nafakası) | Spouse and children | During the divorce case or a separation | TMK Arts. 169, 197 |
| Child support (iştirak nafakası) | Custodial parent, for the child | After divorce, until the child comes of age | TMK Arts. 182, 327–331 |
| Spousal (yoksulluk nafakası) | Spouse left in need by the divorce | After divorce | TMK Arts. 175–176 |
| Relative support (yardım nafakası) | Parents, children, siblings in need | When conditions are met | TMK Arts. 364–365 |
Interim maintenance during the divorce
Once a divorce case is filed, the judge must take the interim measures needed for housing, living costs and the children's care (TMK Art. 169). Interim maintenance is the most common of these and is paid until the judgment becomes final.
You can also claim it without filing for divorce. A spouse whose personality, financial security or family peace is seriously endangered by living together may live separately and ask the court to order financial contributions from the other spouse (TMK Art. 197).
Child support
The parent who does not have custody must contribute to the child's care and education according to their means (TMK Art. 182). The amount reflects the child's needs, both parents' circumstances and ability to pay, and any income of the child; it is paid monthly in advance (Art. 330).
Child support normally ends when the child turns 18. A child still in education can claim support from the parents until their studies end (Art. 328), but must bring that claim personally. The custodial parent's remarriage does not end child support.
Spousal maintenance: the conditions
Under TMK Article 175, a spouse who would fall into need because of the divorce may claim maintenance from the other spouse in proportion to the latter's means, provided their own fault is not greater. The paying spouse need not be at fault. The court will not award it unless it is requested.
- The claimant would be left in need by the divorce (having a job does not automatically rule this out)
- The claimant's fault is not greater than the other spouse's
- The claim is made in the divorce case or within one year after the divorce becomes final (TMK Art. 178)
It can be paid as a lump sum or monthly. Monthly maintenance ends automatically if the recipient remarries or either party dies; it is ended by court order if the recipient lives in a de facto marriage, is no longer in need, or leads a dishonourable life (TMK Art. 176).
Has indefinite alimony been abolished? The 2026 position
In its decision of 4 June 2026 (E.2025/156, K.2026/131), referred by the Antalya 12th Family Court, the Constitutional Court annulled by majority the words “indefinitely” (süresiz olarak) in Article 175(1). The decision was published in the Official Gazette No. 33386 on 30 September 2026.
To avoid a legal vacuum, the Court ruled that the annulment takes effect nine months after publication, on 30 June 2027. This means:
- Article 175 remains in force as it stands today, and courts continue to award spousal maintenance under it.
- Spousal maintenance has not been abolished; only the word “indefinitely” was struck down.
- Existing maintenance orders do not end automatically. Ending or reducing them still requires a court case on the grounds in Article 176.
- Parliament is expected to legislate before 30 June 2027. The press reports a forthcoming “13th Judicial Package” that would limit the duration of maintenance, but as of 14 October 2026 no such law has been adopted.
Headlines such as “alimony abolished” or “alimony now limited to half the length of the marriage” refer to drafts that are not law. Stopping payments before a new law takes effect exposes you to enforcement proceedings and coercive detention. Maintenance can only be ended or reduced by a court. We will update this section when new legislation comes into force.
How much is maintenance?
There is no statutory percentage of salary and no minimum amount; online calculators give only a rough idea. The judge typically considers the recipient's essential needs (housing, food, education, health), the payer's income, assets and other dependants, the couple's standard of living during the marriage, the claimant's ability to work and, for spousal maintenance, fault.
Income is established from social security records, payslips, land and vehicle registries and a police inquiry into each party's social and economic situation, so keeping records of your income and expenses matters.
Increasing, reducing or ending maintenance
If either party's finances change, or fairness requires it, the amount can be increased or reduced (TMK Arts. 176, 331). The court can set an annual increase in advance, usually linked to a TÜİK price index (PPI or CPI). If there is no such clause, or it does not keep pace with needs, an increase action can be brought.
- Increase: for example, the child starting school, higher medical costs or a rise in the payer's income. There is no minimum interval; what matters is a change in circumstances.
- Reduction: for example, a sharp fall in the payer's income, unemployment or new dependants.
- Termination: remarriage or death ends spousal maintenance automatically; cohabitation, adequate income or dishonourable conduct must be proven in court.
These cases are heard by the family court. Maintenance does not change by itself; the payer may not simply stop paying without a court order.
What happens if maintenance is not paid?
A maintenance order is directly enforceable: the creditor opens enforcement proceedings based on the judgment (ilamlı icra takibi). Under İİK Article 36, no stay of enforcement can be granted for maintenance orders, so in practice they can be enforced before the judgment is final. Salary, bank accounts and assets can be attached.
In addition, under İİK Article 344, a debtor who fails to comply can, on the creditor's complaint, be ordered into coercive detention of up to three months. This is a means of compulsion, not a punishment: the debtor is released once the debt is paid. If the debtor has filed to end or reduce maintenance, enforcement of detention may be postponed until that case ends.
The complaint must be filed within three months of learning of the non-payment and in any event within one year of it (İİK Art. 347), with the enforcement court where the proceedings are held. Even if that deadline passes, the arrears can still be collected through enforcement.
How to bring a maintenance claim
- Identify the claim: within the divorce (interim, child, spousal), as a separate claim after divorce (mind the one-year limit for spousal maintenance), or an increase or termination action.
- Gather documents: proof of income, school and medical costs, rental agreement, any previous order.
- File with the family court: state the amount sought and why; pay the fee and the advance on costs.
- Social and economic inquiry: the court has both parties' circumstances investigated and may hear witnesses.
- Judgment and enforcement: if payment is not made, enforcement proceedings can be opened.
For the divorce process itself, see our guide on how to file for divorce; for how costs and fees are set, see our guide to legal fees.
Because maintenance can run for years, it matters that it is set at the right level and in an enforceable form from the start. If you would like us to look at an existing order, a planned increase or termination, or unpaid maintenance, you can reach us through our contact page. Our family and divorce law page describes our work in this area.
Frequently asked questions
Has alimony been abolished in Turkey?
No. The Constitutional Court struck down only the word “indefinitely” in the spousal maintenance provision, effective 30 June 2027. As of 14 October 2026 no law abolishing or time-limiting maintenance is in force, and existing orders remain valid.
Until what age is child support paid?
Normally until the child turns 18. A child still in education may claim support until their studies end, but must bring the claim personally (TMK Art. 328).
Can a working spouse receive spousal maintenance?
Working does not automatically rule it out. The court looks at whether the income covers basic needs such as housing, food and health care. A spouse with an adequate regular income is usually not considered to be in need.
Can a man receive spousal maintenance?
Yes. Article 175 is gender-neutral: any spouse who would be left in need by the divorce and whose fault is not greater may claim it.
Can you go to prison for not paying maintenance?
On the creditor's complaint, coercive detention of up to three months can be ordered (İİK Art. 344). It ends as soon as the debt is paid. The complaint must be filed within three months of learning of the non-payment.
Can I apply for an increase every year?
There is no fixed interval; what matters is a change in circumstances. If the order already includes an annual increase clause, the amount rises automatically each year and a new case may not be needed.
Written by: Av. Murat Kaan Çelik · Updated: October 14, 2026
Sources
This article is for general information only, does not constitute legal advice and reflects the legislation in force on the date of publication. Please consult a lawyer about your specific situation.


