By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
Alimony (nafaka) in Turkey is a court-ordered financial support obligation governed by the Turkish Civil Code No. 4721, and the Code recognises four distinct types with different beneficiaries, conditions, and durations: precautionary alimony (Art. 169), poverty alimony (Art. 175), participation alimony for children (Art. 182/II), and assistance alimony between relatives (Art. 364). Each type has its own statutory basis, its own way of being calculated, and its own enforcement and termination rules. This guide explains what each type is, who can claim it, how the amount is fixed, how unpaid alimony is enforced under the Enforcement and Bankruptcy Law No. 2004, and the jurisdiction and recognition issues that arise for foreign nationals, expatriates, and cross-border families connected to Turkey.
What is alimony under Turkish law?
Alimony under Turkish law is a financial support obligation between defined family members, ordered and supervised by the courts under the Turkish Civil Code No. 4721. It can run between spouses, from a non-custodial parent to a child, or between blood relatives in the direct line and siblings. The Code recognises four types: precautionary (interim) alimony, poverty alimony, participation (child) alimony, and assistance alimony.
Alimony is not the same as the division of matrimonial property and not the same as divorce compensation. Property division settles ownership of assets built up during the marriage, while compensation addresses harm caused by the divorce. Alimony, by contrast, is recurring or one-off support measured by need and means. Foreign clients frequently confuse these three separate financial outcomes of a Turkish divorce, so identifying which claim applies is the first step.
What are the four types of alimony in the Civil Code?
The Turkish Civil Code No. 4721 sets out four types of alimony, each serving a different function and resting on its own article. The table below states the core distinction before each type is examined in detail.
| Type of alimony | Statutory basis | Who receives it | When it applies |
|---|---|---|---|
| Precautionary alimony (tedbir nafakasi) | Civil Code Art. 169 | A spouse and any children | During the divorce or separation proceedings |
| Poverty alimony (yoksulluk nafakasi) | Civil Code Art. 175 | The financially weaker former spouse | After the divorce becomes final |
| Participation alimony (istirak nafakasi) | Civil Code Art. 182/II | The child, paid to the custodial parent | After divorce, for the child’s upkeep |
| Assistance alimony (yardim nafakasi) | Civil Code Art. 364 | A relative in need | Independent of any divorce |
These categories are not interchangeable. Each claim is granted or refused on its own statutory conditions, and a single case can involve more than one type at the same time, for example precautionary alimony and child support running together while a divorce is pending.
What is precautionary (interim) alimony during the case?
Precautionary alimony, under Article 169 of the Turkish Civil Code, is a temporary obligation to provide the necessary measures for housing, subsistence, care, and protection for the spouses and children during divorce or separation proceedings. The judge may order it on request, or even of the court’s own motion based on the circumstances and the economic situation of the parties, so that the weaker spouse and the children are not left without resources before the final judgment.
The amount is set by the judge, but where the requesting party has named a figure the court cannot exceed it, under the principle of adherence to the request. Precautionary alimony runs from the date of the case until the decision becomes final. Once the divorce is final, it is either replaced by poverty alimony for the spouse and participation alimony for the child, or it ends. For cross-border couples this support matters early, because contested international divorces can take many months and the weaker party should not have to wait that long.
How is interim alimony enforced if unpaid?
An interim decision ordering precautionary alimony is not a final judgment and does not carry the enforceable elements described in Article 68 of the Enforcement and Bankruptcy Law No. 2004, so non-payment is pursued through ordinary (non-judgment) enforcement proceedings rather than judgment-based enforcement. The debtor may object to those proceedings within the legal time limit, which makes precise procedure important from the outset.
What is poverty alimony for a former spouse?
Poverty alimony, regulated by Article 175 of the Turkish Civil Code, is support that the spouse who would fall into poverty because of the divorce may request indefinitely, provided that spouse is not at heavier fault, in proportion to the financial capacity of the other party. The fault of the paying spouse is not required, and the claim is assessed against the requesting spouse’s genuine need, the paying spouse’s means, and the relative fault of each.
Poverty alimony is not awarded by the court of its own motion; one of the parties must request it, and the request can be made within the divorce case or by a separate lawsuit. A separate poverty-alimony case filed after the divorce is subject to a one-year time limit running from the date the divorce decision became final, under Article 178 of the Turkish Civil Code. Because its scope and duration are heavily fact-dependent, this is one of the most contested claims in Turkish divorce practice.
Which court hears a poverty alimony claim, and how long does it last?
When poverty alimony is sought together with the divorce, the family court hearing the divorce has jurisdiction; when it is pursued by a separate case afterward, under Article 177 of the Turkish Civil Code and Article 4 of the Family Courts Law the competent court is the family court where the alimony recipient resides. Poverty alimony is indefinite under Article 175, but Article 176/III of the Civil Code defines when it ends: it terminates automatically on the death of either party or on the recipient’s remarriage, and a court may end it where the recipient lives as if married, ceases to be in poverty, or leads a dishonourable life. The current rules and any limits should be verified as in force at the time of the case.
How is poverty alimony paid and enforced?
Under Article 176 of the Turkish Civil Code the judge may order poverty alimony as a lump sum or in installments, and the parties may agree the method, amount, and currency subject to the judge’s approval under Article 184/b.5. Where a finalised alimony amount is not paid, judgment-based enforcement proceedings can be initiated, and under Article 344 of the Enforcement and Bankruptcy Law No. 2004 a debtor who fails to meet the obligation may, on the creditor’s complaint, face imprisonment of up to three months. Turkish courts treat persistent non-payment of support with particular seriousness.
What is participation alimony for children?
Participation (contributory) alimony, under Article 182/II of the Turkish Civil Code, is the contribution that the non-custodial parent pays, in proportion to their financial capacity, toward the maintenance and expenses of the shared child after divorce. The obligation belongs to the child, exists to support the child’s material and moral development, and continues regardless of the parents’ personal arrangements. Under Article 329, it may be requested by a child with discernment, a guardian, a court-appointed custodian, or the parent actually caring for the child, and the judge may also order it of the court’s own motion to protect the child’s best interests.
Under Article 330/II the amount is paid monthly in advance, set by the judge in proportion to the parties’ socio-economic conditions, the child’s needs and age, and current economic conditions. It generally begins when the decision becomes final and continues until the child reaches majority, which Article 12 of the Civil Code defines; under Article 328/II, where the child is of age but still in education, support continues until that education is completed. The award can be re-determined or ended under Article 331 when circumstances change, for example a proven new and significant rise in the child’s needs. In international families, the question of which country’s authorities will set and enforce child support frequently has to be resolved before any figure is fixed.
What is assistance alimony between relatives?
Assistance alimony, under Article 364 of the Turkish Civil Code, is owed independently of any marriage or divorce: everyone is obliged to provide alimony to their ascendants, descendants, and siblings who would otherwise fall into poverty, the obligation toward siblings being contingent on their well-being. It is grounded in the duty of family solidarity rather than in a matrimonial relationship, and the claimant must prove they would fall into poverty without the assistance.
This obligation is two-way: the relatives listed in Article 364/I are both potential creditors and potential obligors, so under certain conditions a grandchild may claim from a grandparent and vice versa. Under Article 365/VI and the Family Courts Law, assistance alimony cases are filed in the family court of the defendant’s place of residence. Because cross-border assistance claims engage nationality, residence, and applicable law, they should be assessed individually before any action is taken.
How is the amount of alimony determined and adjusted?
The amount of alimony is not a fixed statutory sum; the judge sets it according to the needs of the person entitled to support and the financial means of the person liable to pay, and for spousal claims the relative fault of the parties, all within the framework of the Civil Code No. 4721. The award cannot exceed the obligor’s ability to pay, and there is no published tariff the court is bound to apply, so any figures, thresholds, or indexation rules should be confirmed as in force at the time of the case rather than assumed from an article like this one.
Alimony is not permanently fixed in its original amount. Under Article 176/IV of the Civil Code a court may increase or decrease spousal alimony where the parties’ financial situations change or fairness demands, and participation alimony can likewise be re-determined or terminated under Article 331. Parties commonly tie ongoing support to an annual increase mechanism so its real value is preserved over time. For cross-border cases, proving the income and assets of a party who lives or earns abroad is often the decisive practical challenge and should be planned for from the outset.
How does alimony work in cross-border cases?
For foreign nationals, expatriates, and international families, alimony connected to Turkey raises questions of jurisdiction, applicable law, and recognition that do not arise in a purely domestic case. When a marriage, a divorce, or the parties have links to more than one country, the Code on Private International Law and Procedural Law No. 5718 governs which court has authority and which law applies to the support claim, and the answer is often not the one the parties expect. The procedural conduct of the case follows the Code of Civil Procedure No. 6100.
Recognition and enforcement across borders is a separate stage from obtaining the order. A Turkish alimony or child-support order may need to be recognised and enforced where the debtor lives or holds assets, and a foreign support order may need recognition in Turkey under the Code on Private International Law and Procedural Law No. 5718 before it can be enforced here. International instruments on the recovery of maintenance and on the recognition of judgments, including relevant Hague Conventions, can be decisive depending on the countries involved, so cross-border support should be analysed as a whole rather than one decision at a time.
What documents and steps are involved?
An alimony claim, whether raised inside a divorce or on its own, is built on documentary proof of need and of the other party’s means. The exact file depends on the type of alimony and on whether a foreign element is present, but a typical claim relies on the records below.
- Identity and, where relevant, marriage and birth records, with certified Turkish translations and apostille or legalisation where issued abroad.
- Evidence of the requesting party’s income, expenses, and need.
- Evidence of the paying party’s income, assets, and financial capacity, including assets held abroad where they can be shown.
- For child support, documentation of the child’s living, health, and education costs.
- For spousal claims, material relevant to fault and to the standard of living during the marriage.
- A power of attorney authorising Turkish counsel, which allows a non-resident party to pursue or defend the claim without attending every hearing in person.
A properly executed power of attorney is especially valuable for expatriates and non-resident parties, because it lets experienced counsel build the evidentiary file and conduct the proceedings locally while the client remains abroad.
What are the common mistakes in alimony cases?
The avoidable errors in alimony disputes are usually strategic and evidentiary rather than emotional, and the most costly ones are made early. Understanding the four distinct types of support and proving the relevant figures is what separates a strong claim or defence from a weak one.
- Confusing the claims. Treating alimony, property division, and divorce compensation as one financial outcome rather than three separate ones with different rules.
- Missing the time limit. Overlooking the one-year limit under Article 178 for a separate poverty-alimony case filed after the divorce becomes final.
- Underproving means. Failing to document the other party’s income and assets, particularly where they are earned or held abroad.
- Ignoring modification rights. Assuming an award is permanent, when Article 176/IV and Article 331 allow increase, reduction, or termination on a change of circumstances.
- Overlooking enforcement and recognition abroad. Obtaining a Turkish order without planning how it will be enforced, or recognised, where the debtor actually lives or holds assets.
Frequently asked questions
Is alimony always granted in a Turkish divorce?
No. Poverty alimony under Article 175 is granted only where the requesting spouse would otherwise fall into poverty because of the divorce and is not at heavier fault. Participation alimony under Article 182/II, by contrast, flows from the duty to support a child and is assessed on the child’s needs and the parents’ means rather than on spousal fault.
Can a foreigner claim or be ordered to pay alimony in Turkey?
Yes. Where the Turkish courts have jurisdiction over the family matter, a foreign national can both claim and be ordered to pay alimony. Which law governs the claim is determined by the Code on Private International Law and Procedural Law No. 5718, so this should be assessed at the outset of any cross-border case.
How long does poverty alimony last?
Poverty alimony is indefinite under Article 175 of the Civil Code, but Article 176/III defines when it ends: it terminates automatically on the death of either party or on the recipient’s remarriage, and a court may end it if the recipient lives as if married, ceases to be in poverty, or leads a dishonourable life. The current rules should be verified as in force at the time of the case.
What happens if alimony is not paid?
An unpaid final alimony order can be enforced through judgment-based proceedings, and under Article 344 of the Enforcement and Bankruptcy Law No. 2004 a debtor who fails to pay may, on the creditor’s complaint, face imprisonment of up to three months. Where the debtor is abroad, cross-border recognition and enforcement steps may be required first.
Speak to a Turkish family lawyer
Alimony in Turkey rewards precise analysis of which of the four types applies and solid proof of need and means, and it punishes assumption. If you are a foreign national, an expatriate, or part of an international family facing a question of spousal or child support connected to Turkey, our team can identify the correct type of alimony, assess jurisdiction and applicable law, and build the evidence before any step is taken. Speak with our family and divorce law team to review your situation and plan the strongest position.
Related reading: divorce in Turkey for foreign nationals, understanding child custody law in Turkey, division of matrimonial property, and recognition and enforcement of foreign divorce judgments in Turkey.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.