Types of Maintenance and Their Requirements: Who May Receive It, How It Is Calculated and When It Ends

Maintenance is an obligation that protects the livelihood of a spouse, a child or other relatives specified by law, and whose requirements vary according to the legal relationship. Interim, poverty, child and support maintenance are not subject to the same rules. Financial contributions within marriage and the education costs of an adult child are also assessed separately. There is no fixed percentage of income that applies to everyone as the amount.

Current position as of October 13, 2026: The Constitutional Court (Anayasa Mahkemesi, AYM) annulled the phrase "indefinitely" ("süresiz olarak") in Article 175(1) of the Turkish Civil Code (TMK), which governs poverty maintenance. However, the annulment provision will take effect on June 30, 2027. The decision is not a regulation that abolishes all maintenance or immediately stops existing payments. This guide addresses the existing rules and the effect of the deferred annulment provision separately. [1–3]

Which questions should be asked first when determining a maintenance right?

In a maintenance dispute, the first question is not only "How much will be paid?" First, it must be determined to whom the need for support belongs, what the legal relationship between the parties is, and whether a claim has been filed or a decision has been issued. If the money requested for a spouse and the money requested for a child are treated under the same item, errors may be made as to the claim, the period and enforcement.

A duty to contribute to family expenses exists while the marriage continues. Temporary protection is required while divorce proceedings are pending. After divorce, the requirement of poverty is central for a former spouse, while the need for care and education is central for a child. Support requested by the relatives of an elderly person who cannot work, at the request of an adult student, may rest on different grounds. [1]

Table comparing types of maintenance

This table does not mean that maintenance consists of a fixed number of boxes. "Care maintenance" is used in legal scholarship as a broader concept covering different obligations. The basis and the legal provision on which the requested payment rests matter as much as the name used in the petition. [1, 6]

Can maintenance be requested without filing a divorce action?

Spouses contributing to family expenses while living in the same home

Under TMK Article 186, spouses participate in the expenses of the union in proportion to their labor and their assets and means. The fact that one spouse does not work for a wage does not mean that he or she makes no contribution to the family. Doing housework, looking after children and unpaid work in the other spouse's business are taken into account when determining the financial contribution. [1]

If one of the spouses does not bear the expenses, the other spouse may ask the judge to determine the financial contribution each must make under TMK Article 196. Here it is not necessary for a divorce to take place or for a divorce action to be filed first. Housing costs, bills, the needs of the children and the economic means of the parties must be presented together.

The provision allows the contribution to be requested for the past year and for future years. This rule cannot be generalized to mean that, for all types of maintenance, the year before the action was filed can automatically be collected. It must be clear whether the claim is based on TMK Article 196 or on another maintenance provision. [1]

Measures that may be taken where there is a justified reason for living apart

TMK Article 197 regulates the right to live apart in cases where common life seriously endangers personal integrity, economic security or family peace. In a justified separation, the judge may take measures on financial contribution, use of the home and household goods, and management of property. The provision separately regulates the situation where the other spouse refuses to live together without a justified reason, or where common life becomes impossible for another reason. [1]

For this reason, the statement that "interim maintenance is only requested in the divorce file" is incomplete. The interim measure under TMK Article 169 in a divorce action and the basis and conditions for an independent request for protection must be kept apart. The reasons for living apart, who bears the expenses and the existing arrangement for the care of the children must be made concrete.

Maintenance when protection is requested because of violence

Under Article 5(4) of Law No. 6284, where the person who commits violence also provides, or contributes to, the family's livelihood, the judge may order interim maintenance even if the claim has not been made, provided that no maintenance has been decided under the provisions of the TMK. This protection does not have to wait for the outcome of the divorce action. [11]

The application should state any earlier maintenance decisions. Different decisions for the same period and the same need must not be overlooked as to how they will be applied. Privacy measures for the address and contact details of the protected person should also be considered together with the maintenance request.

On what conditions is interim maintenance granted?

Subsistence of the spouse and child while the action is pending

TMK Article 169 gives the judge the duty to take the necessary temporary measures on his or her own initiative when a divorce or separation action is filed. Maintenance is one of these measures. Its purpose is to ensure that needs for housing, subsistence, care and education are met while the proceedings continue. [1]

The fact that the judge may carry out an examination on his or her own initiative does not mean that the same amount will be set in every file. The claim should be stated clearly in the petition; a separate amount for the spouse and for each child, documentation of urgent expenses and a request for an income inquiry make the examination concrete. If circumstances change, reconsideration of the interim order during the proceedings may be requested.

The start and end of interim maintenance must be read together with the legal basis on which it was ordered. In a divorce file, an interim measure is, as a rule, assessed from the date of filing and lasts until the decision becomes final. The same period explanation cannot be used automatically for a measure based on TMK Article 197 or on Law No. 6284. [1, 4, 11]

How do fault and unemployment affect interim maintenance?

Interim maintenance is not a sanction applied to the spouse found at fault in the divorce. The requirement of "not being the more heavily at fault" that applies to poverty maintenance does not apply in the same way under TMK Article 169. Nevertheless, the economic need, the means of the parties and the concrete living conditions must be examined.

Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), October 25, 2018, E.2017/2-1891, K.2018/1577: The court had earlier terminated the interim maintenance it had set on the ground that the husband was unemployed and had no income. In the concrete case, the Assembly did not find unemployment, the fact that the woman had worked for a period, and the question of fault sufficient to remove maintenance entirely, and it reversed the decision of persistence (direnme kararı). The decision also stated that the closeness of the economic powers of the parties and different facts such as de facto cohabitation outside marriage must be assessed separately. This decision cannot be read as meaning that maintenance is always awarded to everyone without an income inquiry. [4]

The effect of lack of income on maintenance is also discussed in legal scholarship. Aziz Erman Bayram's review of this decision addresses, in particular, the limits of the obligation where neither spouse has income. What matters in practice is not to accept the claim of unemployment as a result in itself, but to assess the real economic capacity and the need for subsistence together. [18]

Who may receive poverty maintenance?

Claim, poverty, fault and financial capacity conditions

For poverty maintenance under TMK Article 175, four points are examined together: maintenance must be claimed; the claimant must have fallen into poverty because of the divorce; his or her fault in the divorce must not be greater than that of the other spouse; and payment must be compatible with the financial capacity of the other spouse. It is not separately required that the maintenance debtor be at fault in the divorce. [1]

The law makes no distinction between women and men as to the right to claim. A male spouse may also request maintenance if the conditions are met. Equal fault is not, on its own, a ground for refusal. By contrast, being more heavily at fault is a decisive obstacle for poverty maintenance. A child's right to maintenance, however, does not depend on this fault assessment of the parents.

An assessment of poverty cannot be reduced to a pay slip alone. Housing, a regular rent or pension income, usable assets, health and care costs, the continuity of income and the person's ability to support himself or herself are assessed together. A fall in living standards during the marriage and the poverty the law requires are not the same thing.

Can a person who works, is retired or earns the minimum wage receive maintenance?

Working is not, on its own, an absolute ground for refusal for all types of maintenance. Equally, the conclusion that "anyone who receives the minimum wage can receive maintenance" is not correct. Whether the income is sufficient to meet needs, housing conditions and other resources must be examined in the particular file. The same wage may not show the same economic situation for persons with different health, rent and care costs. [1, 2]

Being a professional and actually earning a regular income are also different. The ability to work, real job opportunities and existing care obligations must be considered together. The allegation that the other party is concealing income must not be left abstract; an investigation of employment, assets and commercial activity records should be requested.

Maintenance, compensation and division of property are separate claims

Poverty maintenance is directed at subsistence needs. The conditions for material or non-material compensation on account of divorce, and for claims arising from the matrimonial property regime, are different. Entitlement to one does not mean that the other will be accepted on the same ground. Values obtained from the division of property may be important in assessing economic position, but there is no general rule that "property was divided, so maintenance necessarily ends." How claims arising from the matrimonial property regime are resolved is discussed in the article on matrimonial property division and property regime actions in divorce. [1]

Has indefinite maintenance been abolished? What does the 2026 Constitutional Court decision change?

Scope of the decision and timetable for entry into force

The Constitutional Court (AYM), decision of June 4, 2026, E.2025/156, K.2026/131, annulled the phrase "indefinitely" ("süresiz olarak") in TMK Article 175(1), following an application by the 12th Family Court of Antalya. The decision was published in the Official Gazette (Resmî Gazete) No. 33386 dated September 30, 2026. Because of a nine-month deferral, the annulment provision will take effect on June 30, 2027. The relevant footnote in the current text of the TMK also shows this date. [1, 2]

The annulment does not remove interim, child or support maintenance. The requirements of poverty, fault and financial capacity for poverty maintenance are also not the same thing as the phrase that is the subject of the decision. It cannot be concluded from the decision that maintenance in Türkiye will be paid for three years, five years or half the duration of the marriage for everyone.

Majority reasoning and dissenting opinion

The majority found that the practice, which does not allow concrete circumstances to be assessed as to duration, was problematic from the standpoint of predictability and the balance between the rights of the parties. The reasoning emphasizes the length of the marriage, age, health, education and the person's capacity to support himself or herself. In some situations, the reasoning states, circumstances requiring long-term or lifelong support should also be expressly regulated. [2, §§19, 26–33]

The dissent emphasizes the economic vulnerability resulting from the care work and the possibilities of adjustment under TMK Article 176. A different reasoning focuses on the problem of certainty and on the discretion of the legislature. These views show the limits of the debate; they do not replace the binding provision. [2]

Existing decisions and pending cases

As of October 13, 2026, the annulment provision has not yet taken effect. The publication of the decision does not automatically remove a maintenance judgment that has become final; it does not extinguish accumulated debt and does not convert past payments automatically into a claim for refund. The principle of non-retroactivity in Article 153 of the Constitution and the existing provision and later decisions must be considered together. [1–3]

In disputes in progress, the stage of the case, the date of the decision, the provisions of Articles 152–153 of the Constitution and the transitional rules of any new regulation that may be enacted are significant. It is not correct to declare a single outcome for all cases as to the effect of the deferred entry into force on pending files. Waiting for new regulation does not automatically suspend current action or application deadlines.

Child maintenance and the duty to contribute to a child's expenses

In child maintenance, the child's needs are the essential factor

Child maintenance secures participation in the child's care and education costs. The child's age, health, housing, school and transport costs, and the living conditions and ability to pay of the parents are assessed together. The child's own income is also taken into account in determining the amount. Under TMK Article 330, this maintenance is paid in advance each month. [1]

The contribution of a parent who actually cares for the child is not only in cash payments. The effort and time spent on care, and the housing provided, are part of the concrete living arrangement. There is no fixed calculation in which costs are always shared equally or a fixed percentage of the other parent's salary is taken.

A dispute over custody or personal contact does not turn the child's right to maintenance into a bargaining tool. The approach "I cannot see my child, so I will not pay" does not end the maintenance obligation. Applications on the enforcement of a personal contact order are assessed separately from the obligation to pay maintenance. The contact of a parent living abroad with the child is discussed in the article on the right of a parent living abroad to contact the child. [1]

Can a mother or father waive the child's future maintenance?

A spouse's declaration regarding his or her own right to poverty maintenance and a declaration regarding the child's future need for care do not have the same legal effect. The fact that no maintenance was requested for the child during the divorce does not automatically remove a need for care that arises or continues later. A protocol for a divorce by agreement is also subject to the judge's review in the interests of the child. [1, m.166/3, 182, 327–331]

Future maintenance and installment claims that have already arisen must be kept separate. No conclusion should be drawn from the statement "maintenance was waived" without examining whose right it concerns, for which period and which type of payment. The effect of a protocol made by a mother or father on a claim that the adult child may later bring in his or her own name is also assessed separately.

Child born outside marriage and paternity action

The child's need for care and education does not depend on whether the parents are married to each other. For the father, it is important that the filial relationship is legally established. TMK Article 332 regulates interim measures in a maintenance action, and Article 333 regulates the possibility of awarding appropriate maintenance before the judgment where maintenance is requested together with a paternity action and the probability of paternity is strong. [1]

For this reason, in a file involving a paternity dispute, an assessment based only on the conditions of divorce maintenance is insufficient. The claim to filial relationship, the representation of the child and the temporary need for subsistence must be considered together.

Does maintenance end when a child reaches 18?

Child maintenance and the claim of an adult child must be distinguished

The parents' duty to maintain a child, as a rule, lasts until majority. Majority is usually attained on reaching the age of 18; the law provides other routes to majority as well. If education continues, under TMK Article 328(2), the obligation of care, to the extent that may reasonably be expected from the parents depending on the circumstances and conditions, may last until education is completed. [1]

Here, it must not be assumed that a previous child maintenance continues indefinitely, without interruption, for the same creditor and under the same enforcement file. As a rule, the adult child makes the claim in his or her own name. The payment arrangement under the earlier judgment, the educational situation, representation and, if any, conditions of incapacity are examined. The fact that the child has become an adult affects the capacity in which the new claim is brought.

University, work and the duration of education

A student certificate alone does not resolve the dispute. The educational programme, continuity, a reasonable course of study, housing and study costs, scholarships or work income, and the paying capacity of the parents must be explained. A second degree, open education or a postgraduate programme cannot be treated as having the same result in every case. The law contains no automatic age limit of 25 applicable to everyone. The claim of an adult child who continues education is also discussed in the article on maintenance after the age of 18. [1, 6]

3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi), November 1, 2012, E.2012/17987, K.2012/22454: In a file that assessed the economic situation of a claimant working for the minimum wage while studying in open education and of a father receiving a pension, the judgment accepting maintenance was reversed. The decision is an example of examining work and ability to pay together; it does not create a general prohibition for all students or all persons on the minimum wage. [7]

Why should education maintenance and support maintenance not be treated as the same?

In some decisions, the claim of an adult student is described as support maintenance. In legal scholarship, however, it is emphasized that the educational obligation under TMK Article 328(2) has a different basis and different conditions from mutual support between relatives under Article 364. Derya Ateş's study addresses this distinction expressly. For this reason, a petition should be prepared not only by the name of the maintenance, but according to the educational need and its legal basis. [6]

Where an adult person cannot support himself or herself after education because of health or disability, that person's situation also cannot be treated automatically as a continuation of the former child maintenance. The conditions of support maintenance, representation and other protective provisions must be examined separately.

From whom can support maintenance be requested?

Descendants, ascendants and siblings

TMK Article 364 regulates the maintenance obligation between ascendants, descendants and siblings where, without assistance, a person would fall into poverty. The nature and order of the relationship are assessed for relatives such as parents, grandparents, children and grandchildren. The legal consequences of adoption are also taken into account. Not every kinship relation creates a maintenance debt on its own; an uncle, an aunt's husband or a cousin does not fall within Article 364 merely by virtue of that status. [1]

The claimant's lack of means to support himself or herself and the financial capacity of the other party must be shown together. A dispute between family members does not, on its own, remove the obligation. However, relying only on the closeness of the relationship without showing the conditions the law requires is also not sufficient.

Siblings being in prosperity and the order of the obligated persons

For siblings, the law separately requires that they be in prosperity ("refah içinde bulunma"). Receiving any wage is not the same thing as meeting this condition. The sibling's income, assets and his or her own subsistence and care obligations must be assessed. [1]

TMK Article 365 provides that the order of heirship in the action is taken into account. Special provisions on the spouse of the person in need and on the parents' duty of care also remain reserved. For this reason, choosing the most affluent-looking relative as the sole defendant is not an adequate method. The priority of the obligated persons, their ability to pay and the effect on fairness of directing the claim at one or several persons must be examined.

Where there are several relatives, this does not necessarily mean that the entire debt must be imposed on a single person. If the judge considers it unfair to require support from some of the obligated persons, he or she may reduce or remove the obligation. The aim is to reconcile the support needed for the claimant's livelihood with the real means of the obligated person. [1]

How is the amount of maintenance determined and which documents are required?

Investigation of income, need and paying capacity instead of a fixed tariff

The law contains no general rule that maintenance will be 25 percent, 30 percent or any other fixed proportion of salary in every file. An amount found online by entering only a salary does not show the result the court will reach. Separate needs of the spouse and the child, different sources of income and mandatory expenses must be investigated. [1]

Besides wages, rental income, commercial earnings, pension income and other data showing economic capacity may be important. Nor should the same item be counted twice in expenses. Showing the annual school fee and a monthly school installment separately, or the shared housing cost and the individual's own share separately, produces a clearer calculation.

Document preparation table

A person may submit the documents in his or her own possession and may request, through the court, that bank, employer or official records that he or she cannot obtain be produced. Instead of accessing another person's account without permission or collecting data through means that infringe private life, lawful methods of obtaining evidence and records must be used. Article 189(2) of the Code of Civil Procedure (HMK) prevents the assessment of evidence obtained unlawfully. [8]

Constitutional Court: an amount cannot be set without answering the income allegation

İbrahim Acar, Application No. 2016/3140, November 7, 2019: The applicant alleged that, as an employee of a company, he earned 950 Turkish lira per month, and that a total of 1,000 Turkish lira in maintenance had been ordered for his former spouse and four children. The Constitutional Court found that the court had not sufficiently investigated the form of work and the actual income, and had not given a reasoned answer to this allegation, which was material to the outcome; it found a violation of Article 17 of the Constitution and ordered a retrial. [5, §§32–43]

The importance of the decision does not lie in setting a numerical limit for today's maintenance amounts. Historical amounts cannot be used as a current tariff. The decision requires both the protection of the person in need and a check, on real economic data, of whether an excessive burden is imposed on the debtor.

Can maintenance be increased, reduced or removed?

What has changed since the earlier decision must be shown

For poverty maintenance paid as periodic income, TMK Article 176 allows reassessment according to changed circumstances; for child maintenance, Article 331. Rising education or health costs, a lasting change in income and situations required by equity are important. Rather than repeating the facts of the earlier decision, it should be documented what change occurred and when. For the conditions of an increase claim and the start of the new amount, the article on maintenance increase actions may be consulted. [1]

Leaving a job, retirement, remarriage, the birth of another child or military service are not common grounds that automatically stop any maintenance. Their effects are assessed according to the type of claim and the real economic situation. A party who alleges that his or her ability to pay has decreased must resort to legal channels by requesting a reduction or removal; the mere filing of an action does not suspend the existing judgment. The route that a party seeking a reduction or removal should follow is explained in the article on reduction and removal of maintenance.

Is an annual increase automatic in every maintenance award?

On request, the judge may determine maintenance for future years. Where the existing decision or a protocol approved by the judge contains an enforceable increase provision, the calculation is made according to that provision. The month of increase, the index to be applied, the measure of change on which the index is based and the starting amount must be clear. The annual change in the consumer price index (TÜFE) and the change based on twelve-month averages are not the same rate. [1, m.176/5, 330/3, 365/5]

The absence of an increase provision does not give either party the power to set alone the rate he or she wants. Where the conditions exist, an action for an increase of maintenance may be brought. The presence of an increase provision in a decision also does not in every case prevent separate assessment of significant changes that arise later.

Termination by operation of law and removal by court decision

Poverty maintenance paid as periodic income ends automatically if the creditor remarries or if either party dies. If the creditor lives in a de facto marriage without marrying, if his or her poverty has ended, or if he or she leads what the law calls a "dishonorable life" (haysiyetsiz hayat), removal requires a court decision. This last concept cannot be equated with subjective moral judgments or with a single social media post; legally concrete facts are required. [1, m.176/3] For a detailed assessment, see the article What Happens If the Maintenance Debtor or Creditor Dies?

The remarriage of the debtor does not have the same result as the remarriage of the creditor. The creditor starting work also does not, on its own, prove that his or her poverty has ended. On the other hand, where an event that ends maintenance specific to the type of maintenance has occurred, how this is reflected in the payment records and the existing enforcement file must also be addressed separately. Instalments that arose earlier must be kept separate from the future payment obligation.

In which court is a maintenance action brought and what are the time limits?

Competent court and court with territorial jurisdiction

As a rule, the family court has subject-matter jurisdiction over maintenance disputes. Where there is no family court, the civil court of first instance acts as a family court under the designation provided by law. The collection of maintenance debt and enforcement complaints relating to it are subject to their own rules of jurisdiction. [9, 12]

Territorial jurisdiction is determined by the basis of the claim. In a divorce action, TMK Article 168 applies; for measures to protect the marital union, Article 201; in maintenance actions brought after divorce, Article 177; and for support maintenance, Article 365. In particular, Article 177 makes the place of residence of the maintenance creditor competent, while Article 365 makes the place of residence of one of the parties competent. In amending measures protecting the marital union, the special provision in Article 201 must also be observed. [1]

Is the one-year limitation period applicable to all maintenance claims?

TMK Article 178 provides a one-year limitation period, running from the date the divorce judgment becomes final, for rights of action arising from the termination of the marriage by divorce. The period is important for a first claim for poverty maintenance that was not raised in the divorce file. The period does not start from the day of separation or from the day the divorce petition was filed. [1]

This one-year period is not the same question as an increase of existing maintenance, the continuing need of a child for care, or the collection of accumulated instalments fixed by a judgment. Limitation and a preclusive period are also not the same concept. The effect of a waiver in a protocol or of a final rejection decision must be examined separately from the calculation of time.

Procedure, litigation costs and legal aid

In independent maintenance actions, the simplified procedure applies under Article 316(1)(c) of the HMK. In claims raised within a divorce action, the procedural integrity of the file is taken into account. The petition should state clearly the type of maintenance, the person entitled, the monthly amount sought, the start date and, where necessary, a request for increases in future years. [8]

Fees and expenses may vary according to whether the request is made within the divorce or as a separate action, and according to the value of the claim. A person who cannot pay the costs of the proceedings or enforcement may request legal aid under Article 334 et seq. of the HMK. A legal aid decision of the court and the appointment of a lawyer by the bar association are not the same act; their conditions are assessed separately. [8] The steps for bringing an action are also explained in the article Where and How to File a Maintenance Action.

Is mediation mandatory, and can an agreement be reached?

There is no general mandatory mediation condition precedent for maintenance claims. Nor can it be said that all rights in family law are freely disposable. Article 1(2) of Law No. 6325 limits mediation to disputes in which the parties may freely dispose of their rights; disputes containing an allegation of domestic violence are expressly excluded from its scope. [10]

Spouses may make arrangements on maintenance in a protocol for divorce by agreement. However, the financial consequences of the divorce and the position of the children are subject to the judge's review. Before using a general expression such as "waiver of all types of maintenance," the spouse's own right, the child's right, instalments that have arisen and future needs must be separated. [1, m.166/3]

What can be done if maintenance is not paid?

First, the type of decision and the period claimed must be determined

In preparing enforcement, the operative part of the court decision, its finality, interim orders, the months of payment and the payments made must be examined together. An interim order on interim maintenance in a divorce file is not, on its own, an enforceable judgment (ilam); for a claim based on that interim order, enforcement without a judgment (ilamsız takip) under the general attachment route comes into question. Where maintenance has been fixed by a final judgment, the position regarding enforcement based on the judgment (ilamlı takip) is assessed separately. Therefore, calling a payment "interim maintenance" alone does not determine the route of enforcement. [8, 12, 19]

For the enforcement of poverty and child maintenance under a divorce judgment, the divorce judgment must have become final. Whether the same finality requirement applies to the maintenance part of a divorce judgment that has become final is a different question. Nor is it generalized that all family law decisions must necessarily become final in respect of independent maintenance judgments. HMK Articles 350 and 367 contain special provisions on the suspension of enforcement in maintenance decisions. The fact that a remedy has been pursued does not mean that the debt is automatically suspended. The distinction on whether judgments may be enforced before becoming final is explained in general terms in the article judgments that may be enforced before becoming final. [8, 19]

In enforcement, the principal claim for each month, the increase in accordance with the decision, payments and, where applicable, interest should be shown separately. Writing the month and the type of maintenance in payment descriptions reduces disputes. A gift, school purchases or another payment is not automatically deemed set off against the cash maintenance fixed by the court; the legal character and acceptance of the payment are assessed separately.

Limitation on accumulated maintenance

The one-year period for a first claim for poverty maintenance is not the period for collecting accumulated maintenance. The periodic claim provisions of the TBK, the regulation on claims fixed by a court judgment, and Article 39 of the Enforcement and Bankruptcy Law (İİK) must be considered together. The date on which the instalment for a given month arose, and acts that interrupt limitation, are significant. [12, 13]

12th Civil Chamber of the Court of Cassation (Yargıtay 12. Hukuk Dairesi), September 23, 2019, E.2019/9724, K.2019/13231: The Chamber did not consider it correct to annul the enforcement entirely because ten years had passed since the maintenance judgment; it held that the claim arose over time, and reversed the decision on the ground that the examination should be made by reference to the ten-year period counted backwards from the date of enforcement. This assessment concerns a maintenance claim based on a judgment. It does not mean that the same period applies to every family payment or contractual claim. [14]

Can coercive imprisonment be applied for unpaid maintenance?

Article 344 of the Enforcement and Bankruptcy Law (İİK) provides for coercive imprisonment of up to three months, upon the creditor's complaint, against a debtor who fails to comply with the requirement of a maintenance decision. The consequence is not automatic. The decision, the status of enforcement and notification, the obligation that was not performed, the payment period and the time limit for the complaint are examined together. The existence of an earlier accumulated debt and the breach of a continuing maintenance obligation cannot be reduced to the same assessment. The routes to follow for unpaid maintenance are explained step by step in the article What to Do If Maintenance Is Not Paid. [12]

Under Article 347 of the İİK, the period for a complaint is three months from learning of the act and, in any event, one year from the act. These periods are different from the limitation period for a monetary claim. Applying coercive imprisonment does not make the debt paid; if the requirement of the decision is performed, release follows. If an action for reduction or removal of maintenance has been filed, it may be considered, under Article 344(2), to leave the application of imprisonment until the end of that action. [12]

If the maintenance debtor or creditor is abroad

Living abroad does not automatically end the maintenance obligation. However, the applicable law, the jurisdiction of the court, recognition or enforcement of the decision in another country, and the method of collection are separate questions. Article 19 of the Private International Law and Procedure Law No. 5718 (MÖHUK) governs the law applicable to maintenance claims; the scope of international conventions must also be checked. The article on collection of child maintenance from a parent living abroad may also be consulted for the collection of child maintenance from a parent living abroad. [15]

The Maintenance Bureau (Nafaka Bürosu) within the Directorate General for Foreign Relations and European Union of the Ministry of Justice serves as the central authority under the relevant international arrangements. The route of application depends on the state's party status to the conventions and on the nature of the claim. The decision, certificates of finality and service, a statement of the debt, translations and other documents must be prepared according to the specific application procedure. [16]

Merely having a decision from a foreign country translated does not, in every case, make it directly enforceable in Türkiye. Likewise, the steps after which a Turkish decision will be applied in a foreign country are assessed under the legal regime in force with that country. For information on the firm's services, the Güneş & Güneş Law Firm alimony cases page may be visited. For an increase claim against a parent living abroad, the article action for an increase of maintenance against a parent living abroad should also be read.

Conclusion

A sound assessment of a maintenance dispute is achieved by first identifying the correct type of maintenance, then documenting need and ability to pay, and finally setting up the time limit and the route of collection accordingly. The subsistence of a spouse, the care costs of a child, the educational need of an adult student and the duty of support between relatives are not subject to the same legal test.

When preparing an application, the existing decision and protocol, the date of finality, current income and expenses, the situation of the child or other person entitled, and the months paid and unpaid should be examined together. If an increase or removal of maintenance is sought, the change occurring after the earlier decision must be clearly shown.

The Constitutional Court decision of 2026 must also be assessed within its own scope and timetable for entry into force. The current position of a debt cannot be determined by looking only at a news headline or a general calculation tool. Protecting the livelihood of the person receiving maintenance and taking account of the real economic capacity of the paying party require a concrete and reasoned assessment.

Frequently Asked Questions

Can I request maintenance without filing a divorce action?

Yes. For spouses living together, a contribution may be requested under TMK Article 196, and where living apart requires it, measures may be requested under Article 197. The maintenance provision of Law No. 6284 on protection from violence is also assessed separately. [1, 11]

Can a husband receive maintenance?

The law does not limit poverty maintenance to women alone. A male spouse who falls into poverty because of the divorce and whose fault is not greater than that of the other spouse may also request maintenance, if the other conditions are met. [1]

Can a spouse found at fault in the divorce receive interim maintenance?

Fault is not a condition for acquiring a right to interim maintenance, as it is for poverty maintenance. However, the need for subsistence, economic means and the concrete living conditions are still assessed. [1, 4]

What percentage of salary is maintenance?

There is no fixed percentage that applies to everyone. The needs of the person entitled, the income and assets of the parties and mandatory expenses are examined. In child maintenance, child-specific care and education costs are also important. [1, 5]

Does working for the minimum wage prevent receiving maintenance?

Working alone, or a particular level of wage, does not produce the same result for all maintenance claims. Whether the income is sufficient, other resources, the needs and the type of maintenance requested are assessed together. [1, 7]

Has indefinite maintenance ended immediately?

No. The annulment in the Constitutional Court's decision E.2025/156, K.2026/131 takes effect on June 30, 2027. The decision does not remove all maintenance and does not automatically terminate existing judgments. [1–3]

If my child continues university after turning 18, can I request maintenance?

If the conditions of TMK Article 328(2) are met, yes. The adult child, as a rule, makes the claim in his or her own name; the need for education and the contribution reasonably expected from the parents are examined. It is not assumed that a previous child maintenance continues automatically. [1, 6]

May I stop paying maintenance because I cannot see my child?

A dispute over personal contact does not, by itself, remove the maintenance debt. The routes for enforcing the personal contact decision and the obligation to contribute to the child's care costs are separate. [1]

Does the maintenance recipient starting work automatically remove maintenance?

Starting work and the disappearance of poverty are not the same thing. For periodic poverty maintenance to be removed for this reason, the conditions must be assessed and a court decision is required. [1]

If the maintenance debtor remarries, does payment end?

No. The debtor's remarriage is not, on its own, an automatic ground for termination. Its effect on the financial position and other conditions may be assessed in a request for reduction or removal. [1]

Does maintenance increase automatically each year by the consumer price index?

No such automatic rule exists for every maintenance award. The increase provision in the decision or the approved protocol is applied. If there is no provision, an increase action comes into question when the conditions are met. [1]

How much time is there to request maintenance for the first time after divorce?

For a first claim for poverty maintenance, the one-year limitation period under TMK Article 178, running from the date the divorce judgment becomes final, is important. This period should not be confused with the increase of existing maintenance or the collection of accumulated instalments. [1, 14]

Does the same time limit apply to accumulated maintenance debt and to a complaint for imprisonment?

No. The limitation period for a monetary claim and the complaint periods under Article 347 of the İİK are different. The period of the judgment-based claim, the enforcement steps and the obligation that is the subject of the complaint are assessed separately. [12–14]

Can a mother or father request maintenance from a child?

Where the conditions of TMK Articles 364–365 are met, support maintenance may be requested. The fact that the claimant would fall into poverty without assistance, the financial capacity of the obligated person and the order among the obligated persons are assessed together. [1]

Is it necessary to go to mediation in order to receive maintenance?

There is no general mandatory mediation condition for maintenance claims. The nature of the right, the parties' power of disposal and the interests of the children are important. Disputes containing allegations of domestic violence are not suitable for mediation. [10]

Sources and legal bases

1. Law No. 4721, Turkish Civil Code. In particular Articles 11–12, 158, 166, 168–178, 182, 186, 196–201, 327–334, 350, 364–366; the current Constitutional Court footnote on Article 175. Official consolidated text. Date accessed: October 13, 2026.
2. Constitutional Court, June 4, 2026, E.2025/156, K.2026/131. Official Gazette, September 30, 2026, No. 33386; in particular §§19, 26–35, the operative part, the dissenting opinion and the differing reasoning. Official Gazette copy of the decision.
3. Constitution of the Republic of Türkiye. In particular Articles 17, 41, 152–153. Official text.
4. Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), October 25, 2018, E.2017/2-1891, K.2018/1577. Termination of interim maintenance and economic situation. Full text of the decision published on Kazancı; secondary publication of the decision.
5. Constitutional Court, İbrahim Acar, Application No. 2016/3140, November 7, 2019. In particular §§32–43; Official Gazette, December 17, 2019, No. 30981. Official announcement of the Constitutional Court; secondary publication of the full text on Librum.
6. Ateş, Derya. "Obligation of Parents to Cover the Care and Education Costs of an Adult Child in Light of Developments in Swiss Law" (İsviçre Hukukundaki Gelişmeler Işığında Ana Babanın Ergin Çocuğun Bakım ve Eğitim Giderlerini Karşılama Yükümlülüğü), Journal of the Turkish Justice Academy (Türkiye Adalet Akademisi Dergisi), 2021, No. 47, pp. 179–214; in particular pp. 181–186. Article and publication details.
7. 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi), November 1, 2012, E.2012/17987, K.2012/22454. Claim of an adult child who continues education and works. Secondary publication of the full text: Uğur Aslan, "What Is Maintenance? What Are Its Types? Is Its Indefinite Nature Fair? A General Assessment in Light of Court of Cassation Decisions" (Nafaka Nedir? Türleri Nelerdir? Süresiz Olması Hakkaniyete Uygun mudur? Yargıtay Kararları Işığında Genel Bir Değerlendirme), Adaletbiz.
8. Law No. 6100, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK). In particular Articles 189, 316, 334–340, 350 and 367. Official text.
9. Law No. 4787 on the Establishment, Jurisdiction and Trial Procedures of Family Courts. In particular Articles 2 and 4. Official text.
10. Law No. 6325 on Mediation in Civil Disputes. In particular Article 1(2) and the provisions on conditions precedent to suit. Official text.
11. Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women. In particular Articles 5(4) and 8(6). Official text.
12. Law No. 2004, Enforcement and Bankruptcy Law (İcra ve İflas Kanunu, İİK). In particular Articles 39, 344 and 347. Official text.
13. Law No. 6098, Turkish Code of Obligations. In particular Articles 147, 154 and 156. Official text.
14. 12th Civil Chamber of the Court of Cassation (Yargıtay 12. Hukuk Dairesi), September 23, 2019, E.2019/9724, K.2019/13231. Limitation on a maintenance claim based on a judgment. Full text as published by Att. Esra Demirel; secondary publication of the decision.
15. Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK). In particular Articles 1, 19, 40, 50, 54 and 58. Official text.
16. Ministry of Justice, Directorate General for Foreign Relations and European Union. Maintenance Bureau: duties and framework of application. Date accessed: October 13, 2026.
17. Gül, Sefa. "The Financial Solidarity Mechanism in Family Law: Maintenance Types in All Their Aspects" (Aile Hukukunda Maddi Dayanışma Mekanizması: Tüm Yönleriyle Nafaka Türleri), Hukukihaber, October 13, 2026. Current article on the subject. Link to the article.
18. Bayram, Aziz Erman. "Assessment of the Civil General Assembly of the Court of Cassation's Decision of October 25, 2018, No. 2017/2-1891 E., 2018/1577 K. on Interim Maintenance" (Yargıtay Hukuk Genel Kurulunun Tedbir Nafakasına Dair 25.10.2018 Tarihli ve 2017/2-1891 Esas, 2018/1577 Karar Sayılı Kararının Değerlendirilmesi), Journal of the Union of Turkish Bar Associations (Türkiye Barolar Birliği Dergisi), 2019, No. 144, pp. 213–248. Full issue of the journal.
19. Tanır, Zeliha Büşra. "Enforcement of Maintenance Judgments in Light of Court of Cassation Decisions" (Yargıtay Kararları Işığında Nafaka İlâmlarının İcrası), Hukukihaber, April 17, 2019; update shown on the page dated December 27, 2022. Link to the article. Explanations on the distinction between an interim order, a judgment and an accessory of divorce; secondary source.