Alimony in Divorce Cases 

Türeli & Ceylan Attorney-at-Law – Family Law Services

Alimony is one of the most frequently asked topics during the divorce process.
In this article, we answer key questions such as: What is alimony? Who can claim it? How is the amount determined?—all explained in light of the Turkish Civil Code.

What Is Alimony?

Alimony refers to court-ordered financial support that one individual must provide to another. Under Turkish law, different types of alimony may apply during or after divorce proceedings.

Types of Alimony Under Turkish Civil Code

The Turkish Civil Code regulates alimony under four main categories:

1. Temporary Alimony (TCC Art. 169)

Granted during ongoing divorce proceedings to cover the living expenses of the spouse and any children.

“When a divorce or separation case is filed, the judge may order temporary measures regarding housing, maintenance, and the care of children during the proceedings.”
—TCC Art. 169

2. Poverty Alimony (TCC Art. 175)

Awarded to the spouse who is expected to fall into poverty after divorce, provided that this spouse is not more at fault.

“The party who will fall into poverty due to divorce may demand alimony from the other party in proportion to that party’s financial capacity, provided the claimant is not more at fault.”
—TCC Art. 175

3. Child Support (TCC Art. 182/2)

Paid by the parent who does not have custody to contribute to the child’s education, healthcare, and other needs.

“The non-custodial parent must contribute to the expenses of the child in proportion to their financial capability.”
—TCC Art. 182/2

4. Support Alimony (TCC Art. 364)

Applies outside of divorce cases, where financially needy descendants or ascendants (e.g., parents, children) may demand support.

“Everyone is obliged to provide alimony to their descendants, ascendants, and siblings if they would otherwise fall into poverty.”
—TCC Art. 364

Who Can Claim Alimony?

• A spouse with no income or insufficient income during divorce
• A parent who does not have custody of the child (must pay child support)
• A spouse who will fall into poverty post-divorce
• The claimant must not be more at fault than the other party (applies to poverty alimony)

How Is the Alimony Amount Determined?

Courts determine alimony based on several factors:

• Income and assets of both parties
• Standard of living during the marriage
• Needs of the child (education, healthcare, housing)
• Inflation and current economic conditions

The alimony amount may be adjusted over time. Either party may file a lawsuit to increase or reduce alimony (TCC Art. 176/4).

How Long Is Alimony Paid?

• Temporary alimony: Until the conclusion of the divorce case (ends automatically)
• Poverty alimony: Indefinite, unless the recipient remarries, dies, or gains sufficient income
• Child support: Continues until the child reaches 18 years of age, or longer if the child remains in education
• Support alimony: As long as the poverty condition persists

What Happens If Alimony Is Not Paid?

If the payer fails to meet their alimony obligations:

• The recipient can initiate enforcement proceedings
• Failure to pay may result in a coercive imprisonment of up to 3 months under the Enforcement and Bankruptcy Law (Art. 344)

Is It Mandatory to Hire a Lawyer for Alimony Cases?

No, it is not legally required, but working with a lawyer is strongly recommended, as alimony involves financial assessments, legal calculations, and procedural accuracy.
At Türeli & Ceylan, we:

• Represent you in alimony claims and defense
• Conduct income analysis and present supporting documents
• Draft petitions and manage all court proceedings on your behalf

Frequently Asked Questions (FAQ)

Q: I am a stay-at-home spouse. Can I receive alimony?
A: Yes. If you are at risk of poverty after the divorce and are not more at fault, you may be entitled to poverty alimony.

Q: I want to stop paying alimony. Is that possible?
A: Yes, if you can prove that the recipient is no longer in need (e.g., has a stable income or remarried), you may file a lawsuit to terminate alimony payments.

Q: What happens if I fail to pay alimony?
A: The recipient may file for enforcement. If payment is not made, you may face up to 3 months of imprisonment.