Last updated: 19 July 2026
What Types of Maintenance Exist Under Turkish Family Law?
Turkish law uses different maintenance mechanisms according to the relationship and stage of the dispute. During a divorce or separation case, the court may order interim maintenance. After divorce, a spouse who will fall into poverty and is not more at fault may request poverty maintenance. The parent who does not have custody may be ordered to contribute to the child’s expenses through child maintenance. Separate support duties may also arise between close relatives under the Turkish Civil Code.
People seeking an Antalya lawyer or a Serik lawyer should identify the correct maintenance type and the date from which payment is requested. Different claims have different conditions and may be raised within a divorce case or through a separate action.
Interim Maintenance During Divorce Proceedings
Once a divorce or separation case is filed, the judge takes necessary temporary measures concerning accommodation, living expenses, management of property and care of children. Interim maintenance does not depend on a final fault determination in the same way as poverty maintenance.
The application should explain current income, housing, regular expenses, the child’s needs and any urgent financial imbalance. The court may order payment from the filing date or another legally appropriate date according to the procedural situation.
Poverty Maintenance After Divorce
A spouse who will fall into poverty because of divorce may request maintenance from the other spouse indefinitely, provided that the requesting spouse is not more at fault. The maintenance debtor’s fault is not required. “Indefinitely” does not mean that the payment can never end; remarriage, death, living as though married, disappearance of poverty or dishonourable life may affect continuation under the Code.
Having employment or income does not automatically prevent a claim. The question is whether the income is sufficient to maintain a reasonable standard of basic living after divorce. The parties’ education, work capacity, age, health and assets are relevant.
Child Maintenance
The parent who does not exercise custody contributes to the child’s care and education expenses according to financial capacity. The amount is determined by the child’s age, school, health, accommodation and ordinary living needs. The child’s right should not be treated merely as a financial claim belonging to the custodial parent.
Maintenance for an adult child may continue in the form permitted by law where education continues and the statutory conditions are met. The correct claimant and legal basis should be assessed when the child reaches adulthood.
Documents and Calculation
| Document group | Examples | What it shows |
|---|---|---|
| Income | Payslips, tax records, company records, rent and bank income | Financial capacity of each party |
| Housing | Rent, mortgage, utilities and common expenses | Regular accommodation costs |
| Child expenses | School, transport, health, childcare and activity costs | The child’s current and foreseeable needs |
| Health | Medical reports, medicine and treatment costs | Special needs affecting income or expenses |
| Assets and lifestyle | Title, vehicle, business and lawful financial records | Economic reality beyond declared salary |
| Previous orders | Divorce judgment, protocol and enforcement records | Existing amount, start date and payment history |
Is There a Fixed Percentage?
No statutory rule sets maintenance at a universal percentage of salary. Courts assess the needs of the recipient or child, the payer’s financial capacity, social and economic circumstances, fairness and the specific type of maintenance. Published examples from other cases are not binding formulas.
How Is Maintenance Requested?
The request may be included in the divorce petition, response or other procedurally permitted submission, or may be brought in a separate case where the legal conditions allow. The petition should identify the maintenance type, monthly amount, starting date, annual increase request and evidence.
If the parties prepare an uncontested-divorce agreement, maintenance terms should be written clearly. See what to consider when preparing an uncontested divorce protocol.
Annual Increase Clauses
The court may order future increases according to an official index or another appropriate criterion. The request should be made clearly. Without an automatic adjustment provision, a separate increase action may be required when the amount becomes inadequate.
Increase, Reduction and Termination
Where circumstances change, a party may request an increase or reduction. Inflation, the child’s changing education or health costs, loss of employment, retirement, serious illness or a substantial change in income may be relevant. An existing order does not decrease automatically merely because the payer’s circumstances changed.
Termination also requires the legal conditions to be established. A payer should not stop payment unilaterally without a court decision or a clearly applicable statutory event.
What If Maintenance Is Not Paid?
Unpaid maintenance may be collected through enforcement proceedings. Current and accumulated instalments, interest and enforcement costs should be calculated. Persistent failure to comply with a maintenance order may also produce enforcement-criminal consequences under the applicable conditions.
Payments should be made through a traceable bank method with a clear description of the month and maintenance type. Cash payment without a receipt creates proof problems.
International Elements
If a party or child lives abroad, international jurisdiction, service, currency, recognition and enforcement rules may apply. Foreign income documents may need certified translation and legalisation. A Turkish maintenance judgment may require recognition or enforcement abroad, and a foreign decision may require proceedings in Türkiye.
Frequently Asked Questions
Does working prevent poverty maintenance?
No. Employment is relevant, but the court assesses whether the income prevents poverty after divorce and compares the parties’ fault and circumstances.
Is maintenance always a percentage of salary?
No. There is no universal statutory percentage. The amount is based on needs, capacity and fairness.
Can maintenance be requested without filing for divorce?
Yes, separate maintenance and support mechanisms may exist depending on the marital situation and legal basis.
Can parents waive child maintenance permanently?
The child’s needs and best interests remain protected. A private waiver cannot permanently remove the child’s right to appropriate support.
Does maintenance increase automatically every year?
Only if the judgment or agreement contains a valid adjustment rule, or a new court decision is obtained.
Can I stop paying after losing my job?
Do not stop unilaterally. Apply for reduction or another appropriate decision and continue to preserve proof of your changed circumstances.
How can unpaid maintenance be collected?
It may be pursued through enforcement proceedings, with possible additional consequences where statutory conditions are met.
Requesting an Amount Supported by Needs and Financial Records
A maintenance claim should distinguish the correct legal type and explain both needs and financial capacity through reliable records. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can calculate and assess interim, poverty and child-maintenance requests for the individual family situation. For assistance, contact us.
This article provides general information about maintenance under Turkish law. The amount, starting date and continuation depend on the parties’ finances, fault, children and court orders.
