Maintenance set in US dollars, euros or another foreign currency does not automatically convert into Turkish lira because the exchange rate has risen. The scope of the existing maintenance ruling, its payment provision and changes in the parties' economic circumstances are examined. When the conditions are met, an adjustment may be requested from the court; however, not every exchange rate increase is enough for an adjustment. Paying one instalment of a foreign-currency debt in lira and converting future maintenance into a fixed lira amount are also different matters. [1–3]
This article addresses foreign-currency maintenance arising from an uncontested divorce protocol or an existing court decision. Recognition or enforcement in Türkiye of a judgment given in a foreign country, and the collection of maintenance abroad, are separate subjects. The core question here is under what conditions, and how, a valid obligation may be changed.
Which document should be read first in foreign-currency maintenance?
The protocol and the judgment are assessed together
In an uncontested divorce, the financial consequences must be approved by the judge. The text prepared by the parties and the obligation imposed by the court may not be identical. For this reason, one should look not only at a paragraph of the protocol, but also at the operative part of the reasoned judgment and at the information on its finality. [2, Article 166/3; 3]
The currency of payment, the amount, the starting date, the annual increase provision, the payment day and any record of payment in kind are determined. "Lira equivalent of a foreign-currency amount" and "payment in the foreign currency itself" may not produce the same results. Where the instrument is unclear, one party selecting the exchange rate it prefers does not resolve the dispute. The related procedural steps are explained separately in the article Interest and Annual Increase Calculation in Maintenance.
A foreign-currency arrangement does not produce the same result for all types of maintenance
Adjusting poverty maintenance, increasing child support and enforcing a foreign judgment call for different legal assessments. In child support, the needs of the child and the financial capacity of the parents are particularly important. The fact that the obligation is in foreign currency does not remove this needs-based review. [2, Articles 330–331; 4]
This article focuses on an obligation that the parties or the court previously set in foreign currency. It does not generalise that every first maintenance case must be decided in a foreign currency where the parties have not agreed to that.
The difference between paying the lira equivalent and adjusting to lira
TBK Article 99 governs the payment of a foreign-currency debt. Where the contract contains no provision for payment in the foreign currency itself, or an equivalent record, a foreign-currency debt may also be paid in the national currency at the prevailing market rate on the payment day. The creditor's options in respect of a debt not paid when due are separately regulated. In a concrete maintenance file, the content of the judgment and the enforcement request must be assessed together. [1]
This payment option does not convert the foreign-currency amount into a fixed lira debt for all future months. For example, paying the current-day equivalent of one month's foreign-currency maintenance is different from the court ordering a fixed monthly amount in lira from that point on.
| Transaction | Purpose | Effect on future months |
|---|---|---|
| Performance of a foreign-currency debt in lira | Determining how that instalment is paid | Does not fix the foreign-currency amount automatically. |
| Adjustment of maintenance | Reorganising the obligation according to changed circumstances | Takes effect for the period and in the form stated in the decision. |
| Increase of the maintenance amount | Raising the amount according to changes in need and financial capacity | The new amount and its starting date are taken from the ruling. |
| Termination of maintenance | Assessing the relevant grounds for ending the obligation | Does not occur automatically merely because the exchange rate rises. |
How is the applicable exchange rate determined?
If the judgment or protocol specifies an exchange rate or a method of payment, that provision is examined first. If it does not, the nature of the debt, any record of payment in kind, default and the creditor's request are considered together. It cannot be said that the same buying or selling rate will automatically apply in every file. The date used and the source of the rate must be clearly shown in the calculation. [1, Article 99]
Converting all past years' instalments at the current rate in a single operation may disregard the relevant due dates and the legal form of the claim. A calculation of accrued amounts must be prepared while keeping the currency and period of each instalment intact.
Which conditions apply in an adjustment action?
TBK Article 138 governs the general conditions for adjustment due to excessive hardship in performance, and states that it also applies to foreign-currency debts. The following are assessed together: an extraordinary circumstance that was not foreseen and could not reasonably have been foreseen when the contract was concluded; a cause not attributable to the debtor; a disruption of the existing balance to a degree contrary to the rule of good faith; and the statutory conditions for performance. [1, 3]
Not every economic hardship is excessive hardship in performance
An increase in the maintenance debtor's expenses alone does not give a right to change the existing ruling. The changes over time in income, assets, other obligations and the creditor's needs must be shown. The ordinary risk assumed when the contract was made must be distinguished from a substantial change that arises later. [3]
A person who continues to earn in foreign currency and a person whose income has permanently reverted to lira and fallen considerably are not in the same position. Conversely, a mere fall in payroll, or continuing rental or company income, may not reflect the full economic picture. Real income investigation is therefore decisive in the adjustment assessment. [3]
The debtor's own conduct and prior payments matter
TBK Article 138 requires that the extraordinary circumstance not be attributable to the debtor, and that the debt either has not yet been performed or has been performed while reserving the rights arising from excessive hardship in performance. How claims were made in respect of which instalments, past payments and reservations of rights must be explained in the file. It cannot be concluded from this rule that maintenance may be unilaterally stopped. [1]
Maintenance has a special function arising from family law. It should not be treated as an ordinary commercial contract that can be entirely eliminated. The legal grounds and consequences of claims for adjustment, reduction and termination must be established separately. [2–3]
How should the 2025 decision of the Civil General Assembly of the Court of Cassation be read?
The eighteen-year change was assessed in the concrete case
In its decision of February 12, 2025 (E.2023/582, K.2025/24), the Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) examined a poverty maintenance obligation of 1,500 US dollars per month undertaken in an uncontested divorce. Over the long period that passed, it considered the debtor's working and retirement conditions, whether the debtor earned foreign-currency income, the creditor's income and assets, and the balance of interests between the parties. The majority accepted that the conditions for adjustment existed in the concrete case and upheld the decision of the appellate court to adjust the obligation to lira. [3]
The eighteen years mentioned in the decision is not a statutory waiting period required before an action can be filed. It is the date range of the case under review. Likewise, the lira amount accepted in that concrete file is not a maintenance tariff that can be applied to other files.
Why do the dissenting opinions in the decision limit its scope?
The decision was taken by majority vote. In the deliberations, the view that the changes were not sufficient for adjustment and that the exchange rate movement could have been foreseen, and the view that even if adjustment was possible the amount set was low, were not adopted by the majority. This distinction shows that the decision cannot be read as saying that "foreign-currency maintenance is no longer paid." [3, §29]
The legal assessment does not rest solely on the rate of increase in the exchange rate. The duration of the contract, the personal and financial circumstances of the parties, the source of the change and whether performance can reasonably be expected of the debtor were considered together. In another file, a different result may be reached if these conditions are not proven.
Can child support set in foreign currency be increased?
In its decision of June 22, 2016 (E.2016/7517, K.2016/9755), the Third Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) examined a request to increase child support set in pounds sterling. The first-instance court relied on the rise in the lira equivalent resulting from the exchange rate increase as its ground for rejection. The Chamber stated that the parties' real economic situation and the child's educational expenses had not been sufficiently investigated. Since the parties had agreed on, and the court had ordered, payment in foreign currency beforehand, the Chamber explained that increasing it in foreign currency was not unlawful. [4]
The decision is not a direct acceptance of the amount requested; it is a reversal due to lack of investigation. Even where the exchange rate has risen, the expenses in the child's place of residence, educational conditions and the parties' capacity to pay are examined separately. The 2025 adjustment decision on poverty maintenance addresses different questions from this child support decision.
Which documents should be prepared for an adjustment request?
| Area of review | Comparison required | Examples of documents |
|---|---|---|
| Initial economic balance | The protocol and the situation at the time of the decision | Earlier payroll, employment, income and asset records |
| Subsequent change | The date of the change and whether it is lasting | Records of retirement, leaving employment, health and income |
| Current financial capacity | The income and expenses of both parties | Bank, rent, company and mandatory expense records |
| Payment history | Which amount was paid in which currency | Receipts, enforcement account and reservation-of-rights records |
| Needs | The concrete needs of the maintenance creditor | Housing, health and, where there are children, education records |
Conclusions should not be drawn from the debtor's expenses alone or from the creditor's assets alone. Old and new circumstances should be compared, as far as possible, under the same items; one-off income should be separated from regular income. When comparing current figures with past figures, purchasing power and currency must also be explained. [3–4]
The competent court and jurisdiction depend on the type of maintenance dispute. For these family-law claims, the framework of the family court and the territorial jurisdiction provision in TMK Article 177 after divorce are assessed. Filing the action does not by itself suspend the existing payment obligation; if interim protection is sought, its legal conditions must be set out separately. [2, 5]
How does the 2026 Constitutional Court (AYM) decision affect this issue?
According to a footnote to the current text of the TMK as of October 13, 2026, the Constitutional Court (Anayasa Mahkemesi, AYM), by its decision of June 4, 2026 (E.2025/156, K.2026/131), annulled the phrase "süresiz olarak" ("indefinitely") in TMK Article 175, with the annulment taking effect on June 30, 2027. This development does not mean that all existing maintenance obligations end today, or that foreign-currency maintenance automatically reverts to lira. Review of a time-limit provision and the adjustment of the currency and amount are separate matters. At the time of publication and of any concrete application, new regulations and transitional provisions must be checked separately. [2, Article 175 footnote; 6]
When applying to the lawyers of Güneş & Güneş Hukuk Bürosu for an assessment, presenting the protocol, the reasoned judgment, the payment history and the economic records for two periods together will clarify whether the request is based only on the exchange rate increase or on a substantial change in circumstances.
Conclusion
In foreign-currency maintenance, the form of payment, any change in amount and adjustment must be assessed separately. An exchange rate increase alone does not produce an automatic conversion into lira. Where real economic changes, the duration of the contract, the creditor's needs and the debtor's capacity to pay are documented, the court decides according to the concrete circumstances. Court of Cassation decisions should be read with the reasoning in their specific files; the amounts or date ranges in a decision should not be used as a general tariff.
Related articles: Types of Maintenance and Their Conditions; Reduction and Termination of Maintenance; Maintenance in Uncontested Divorce: Waiver, Increase Conditions and Subsequent Amendment of the Protocol; How Is Real Income Determined in a Maintenance Case? SED Report and the Claim of Income Concealment; Accrued Maintenance and Limitation Period: How Many Years Back Can Past Claims Be Pursued?; How Is Maintenance Payment Proven? Unexplained Transfers, Cash Payment and Set-Off; Action to Increase Maintenance Against a Parent Abroad
Frequently Asked Questions
Does dollar maintenance automatically become lira when the exchange rate rises?
No. The payment provision and the conditions for adjustment are examined. The conversion of the future period's obligation into a fixed lira amount does not happen automatically.
Can I pay foreign-currency maintenance in the lira equivalent?
TBK Article 99 and the existing ruling are assessed together. The record of payment in kind, the due date and the creditor's request may affect the result.
Must one wait eighteen years to bring an adjustment action?
No. That period belongs to the concrete facts of the 2025 decision. It is not set as a statutory waiting period.
Does retirement automatically reduce maintenance?
No. The effect of retirement on real income and expenses is examined, together with the needs of the other party. Other sources of income are also investigated.
Is earning income in foreign currency important?
Yes. The relationship between the currency of the obligation and the sources of income is important in assessing excessive hardship in performance.
Does payment stop when an adjustment action is filed?
Filing the action does not by itself have the effect of suspending payment. The existing ruling and, if any, an interim protection order are the basis.
Can child support set in foreign currency be increased?
It is possible when the conditions are met. An earlier agreement and a ruling that set the obligation in foreign currency do not prevent the child's needs from being reviewed again.
Does the court convert to the same lira amount in every file?
No. The amounts in decisions belong to specific facts. They do not create a general maintenance tariff.
Does an old protocol stating "indefinitely" always prevent a change?
Such a provision alone does not have that result. The statutory conditions for adjusting and modifying maintenance are examined in the concrete file.
Did the 2026 Constitutional Court decision abolish foreign-currency maintenance?
No. The decision concerns the time-limit wording in TMK Article 175, and its effect has been postponed. Payment in foreign currency and the conditions for adjustment are assessed separately.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations, Articles 99, 138. Checked on October 13, 2026.
- Law No. 4721, Turkish Civil Code, Articles 166/3, 175–177, 330–331; footnote to Article 175.
- Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), February 12, 2025, E.2023/582, K.2025/24, especially reasoning §17–30. Official full text; majority opinion.
- Third Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi), June 22, 2016, E.2016/7517, K.2016/9755. Official full text.
- Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts, Article 4.
- Constitutional Court (Anayasa Mahkemesi), June 4, 2026, E.2025/156, K.2026/131, Official Gazette (Resmî Gazete) of September 30, 2026, issue 33386. Effective date of the annulment: June 30, 2027.