Alimony In Turkey For Foreign Spouses

Foreign nationality does not, by itself, prevent a spouse from requesting alimony in Turkey. The decisive questions are whether the Turkish courts have jurisdiction, which country’s law applies to the claim and whether the legal conditions for maintenance are satisfied.

Where Turkish law applies, a court may order temporary financial support during divorce proceedings and, under certain conditions, poverty alimony after the divorce. If the spouses have children, child maintenance may also be ordered separately. These forms of financial support have different purposes and should not be treated as a single type of alimony.

International marriages require an additional conflict-of-laws assessment. A Turkish court hearing the case does not necessarily apply Turkish substantive law to every financial claim. Nationality, habitual residence, applicable international conventions and the nature of the requested measure may all affect the outcome.

This article explains the main principles governing alimony in Turkey for foreign spouses within the broader framework of family and divorce law in Turkey.

What Does Alimony Mean Under Turkish Law?

The English term “alimony” is used broadly and may refer to financial support paid to a spouse, former spouse or child. Turkish law distinguishes between several forms of maintenance according to the beneficiary and the stage of the proceedings.

The principal forms of maintenance connected with divorce are:

• Interim maintenance during the divorce proceedings, known as tedbir nafakası;
• Poverty alimony payable to a former spouse after divorce, known as yoksulluk nafakası;
• Child maintenance payable for the child’s care and expenses, known as iştirak nafakası.

Interim and poverty alimony concern the financial needs of a spouse or former spouse. Child maintenance, however, belongs to the child and is assessed primarily according to the child’s needs and the parents’ financial capacities.

For this reason, an order for spousal maintenance does not prevent the court from also ordering child maintenance.

Can a Foreign Spouse Claim Alimony in Turkey?

A spouse does not have to be a Turkish citizen to request alimony before a Turkish court. Both women and men may claim spousal maintenance if the applicable legal requirements are satisfied.

However, the right to alimony is not automatic merely because one spouse is foreign, unemployed or economically weaker. The court must first determine:

• Whether the Turkish courts have jurisdiction;
• Which country’s law applies;
• What type of maintenance is being requested;
• Whether the claimant meets the conditions under the applicable law;
• The financial needs and resources of both spouses;
• Whether the request was made within the relevant procedural period.

Residence status and nationality may be relevant to jurisdiction, applicable law, service of documents and evidence. They do not, on their own, establish or eliminate a right to alimony.

The jurisdictional questions should therefore be considered separately from the substantive conditions of maintenance. Further information is available in our guide to jurisdiction and applicable law in international divorce cases in Turkey.

Which Country’s Law Applies to Spousal Alimony?

The applicable law in an international divorce is determined under Turkish private international law and any relevant international conventions.

Under Article 14 of Law No. 5718 on Private International and Procedural Law, the grounds and consequences of divorce are generally governed by the spouses’ common national law. If the spouses have different nationalities, their common habitual residence law applies. If they do not have a common habitual residence, Turkish law may apply.

The same conflict-of-laws rule is generally used for maintenance claims between divorced spouses. Therefore, a foreign spouse filing a case in Turkey should not assume that Turkish substantive law will automatically govern the claim.

Temporary measures are treated differently. Turkish law applies to requests for provisional measures made during proceedings before a Turkish court. This may include temporary financial support, housing arrangements and measures concerning the children while the divorce case remains pending.

International conventions may take precedence where they are applicable. The court must therefore identify the spouses’ nationalities, habitual residences and the nature of the requested maintenance before determining the governing law.

Interim Maintenance During Divorce Proceedings

Interim maintenance, or tedbir nafakası, is intended to address immediate financial needs while a divorce or separation case is pending.

Under Article 169 of the Turkish Civil Code, once divorce or separation proceedings begin, the court takes the temporary measures required during the case. These measures may relate to accommodation, the spouses’ living expenses, management of property and the care and protection of children.

A foreign spouse who lacks sufficient income may therefore request interim maintenance while the proceedings continue. The court may consider factors such as:

• The parties’ regular income;
• Housing and living expenses;
• Employment status and earning capacity;
• Access to savings and other assets;
• The needs of children living with the requesting spouse;
• The parties’ actual standard of living;
• Income received from Turkey or another country.

Interim maintenance is a provisional measure. It does not mean that the claimant will necessarily receive poverty alimony after the divorce. The legal basis and conditions of post-divorce maintenance are assessed separately.

At the temporary-measures stage, the court generally focuses on the immediate needs of the parties and their financial positions rather than making a final determination of marital fault.

Poverty Alimony After Divorce

Poverty alimony, known as yoksulluk nafakası, is financial support that may be awarded to a spouse who is expected to fall into poverty because of the divorce.

Where Turkish law applies, Article 175 of the Turkish Civil Code requires several conditions to be considered:

• The divorce must cause the requesting spouse to fall into poverty;
• The requesting spouse must not be more at fault than the other spouse;
• The other spouse must have sufficient financial capacity to contribute;
• Poverty alimony must be requested;
• The amount must remain proportionate to the paying spouse’s financial means.

The spouse required to pay poverty alimony does not have to be at fault. The statutory comparison of fault primarily concerns whether the requesting spouse is more at fault than the other spouse.

A difference in income does not automatically establish poverty. The court considers whether the claimant will be able to meet essential and reasonable living expenses after the divorce. Having some income does not necessarily prevent a claim, but sufficient and regular income may affect whether the legal condition of poverty exists.

Likewise, unemployment alone does not guarantee an award. The court may consider the claimant’s age, health, qualifications, realistic employment prospects, responsibilities for children and access to other financial resources.

Can a Foreign Husband Claim Alimony from His Wife?

Yes. Turkish law does not reserve poverty alimony exclusively for women. Either spouse may request maintenance if the applicable legal conditions are satisfied.

A foreign husband may therefore claim alimony from his wife, and a foreign wife may claim it from her husband. The decision depends on financial need, the parties’ respective fault where relevant and the paying spouse’s financial capacity, rather than gender or nationality.

However, the fact that one spouse earns less than the other does not automatically result in alimony. The court must assess whether the divorce will place the claimant in poverty within the meaning of the applicable law.

How Is Alimony Calculated in Turkey?

Turkish law does not establish a fixed percentage, statutory tariff or universal mathematical formula for calculating spousal alimony.

The amount is determined according to the circumstances of the individual case. The court may examine:

• Each spouse’s salary and regular income;
• Rental, investment and business income;
• Bank deposits and financial assets;
• Ownership of real estate, vehicles or company shares;
• Housing and essential living expenses;
• Health and medical costs;
• The needs and expenses of children;
• The parties’ age and earning capacity;
• The duration and economic circumstances of the marriage;
• The paying spouse’s other legally recognised obligations;
• The purchasing power of the amount awarded.

The purpose of poverty alimony is not to equalise the former spouses’ wealth or guarantee that the claimant will maintain exactly the same standard of living experienced during the marriage. Its purpose is to provide a proportionate contribution toward the claimant’s needs where the statutory conditions are satisfied.

For this reason, statements such as “alimony is always a particular percentage of income” or “foreign spouses receive a fixed amount” do not accurately reflect Turkish law.

How Are Foreign Income and Overseas Assets Considered?

In international divorce cases, one or both spouses may receive income abroad, hold foreign bank accounts or own property outside Turkey. These circumstances do not prevent the Turkish court from considering the parties’ actual financial positions.

A spouse relying on foreign income or assets may submit documents such as:

• Employment agreements and salary records;
• Tax returns;
• Bank statements;
• Company ownership documents;
• Dividend and investment records;
• Title deeds or property records;
• Pension or social-security statements;
• Rental agreements and rental income records;
• Evidence of recurring living expenses.

Documents issued abroad may require an apostille or another form of legalisation, depending on the issuing country and the applicable convention. A certified Turkish translation may also be required. The documents needed for international proceedings are discussed in our guide to the documents required for divorce in Turkey for foreigners.

When the paying spouse earns income in euros, US dollars, pounds sterling or another currency, the court may consider the real value of that income when assessing financial capacity. However, foreign-currency income does not automatically mean that the maintenance order will be made in the same currency. The request, applicable law and circumstances of the case must be examined separately.

Is Alimony in Turkey Permanent?

Under the current wording of Article 175 of the Turkish Civil Code, poverty alimony may be requested without a predetermined end date. This is often described as “indefinite alimony”, but it does not create an unconditional lifetime right.

Under Article 176, periodic poverty alimony ends automatically if:

• Either party dies; or
• The recipient remarries.

The court may terminate periodic alimony if the recipient:

• Lives with another person as though married without formally marrying;
• Is no longer in poverty; or
• Leads a dishonourable life within the meaning of the relevant provision.

Whether these conditions exist must be established according to the evidence. A paying spouse should not unilaterally stop payments merely because they believe one of these circumstances has occurred, unless the obligation has automatically ended by law. Where a judicial decision is required, an application must be made to the competent court.

Can the Amount of Alimony Be Increased or Reduced?

Periodic alimony may be increased or reduced if the parties’ financial circumstances change or if fairness requires an adjustment.

Examples may include:

• A substantial increase or decrease in income;
• Loss of employment;
• Serious illness or disability;
• A material increase in essential living expenses;
• A change in the recipient’s financial position;
• Significant economic developments affecting the real value of the award.

The court does not revise the amount automatically whenever exchange rates or inflation change. A party usually needs to make an appropriate request and provide evidence of the changed circumstances.

The parties may also request that the court determine how the amount will change in future years. The legal validity and scope of such a request depend on the form of the maintenance order and the circumstances of the case.

When Must Poverty Alimony Be Requested?

Poverty alimony may be requested as part of the divorce case. If it is not requested during the divorce proceedings, a separate claim may be possible after the divorce becomes final.

Under Article 178 of the Turkish Civil Code, claims arising from the termination of marriage are generally subject to a one-year limitation period beginning when the divorce judgment becomes final.

Foreign spouses should pay particular attention to the finalisation date. International service procedures, appeals and the recognition of foreign judgments may make it more difficult to identify when the relevant period begins.

A request for interim maintenance should not be confused with a request for post-divorce poverty alimony. Receiving interim maintenance during the proceedings does not necessarily mean that poverty alimony will continue automatically after the divorce. The final claim should be expressly addressed in the proceedings.

Is Child Maintenance Different from Spousal Alimony?

Yes. Child maintenance is legally distinct from maintenance payable to a spouse.

After divorce, the parent who does not have custody generally contributes to the child’s care, education, accommodation, health and other necessary expenses according to their financial capacity. This contribution is known as iştirak nafakası.

The child’s best interests are central to the assessment. A parent’s foreign nationality does not remove the duty to contribute to the child’s expenses.

Child maintenance and spousal alimony may therefore be awarded in the same case, but they should be stated separately. The termination or modification of spousal alimony does not automatically terminate or modify the child’s maintenance.

Can a Foreign Spouse Claim Alimony Without Travelling to Turkey?

A foreign spouse living abroad may appoint a Turkish lawyer to file claims, submit documents, attend hearings and complete many procedural steps on their behalf.

However, issuing a power of attorney does not guarantee that personal attendance will never be required. The judge may need to hear a party personally, and the position may differ between contested and uncontested proceedings.

The power of attorney must also contain the authority required for divorce and related claims. Depending on where it is issued, notarisation, apostille or consular procedures may be necessary. These requirements are explained in our article on power of attorney for divorce in Turkey.

How Is a Turkish Alimony Order Enforced?

If a spouse fails to comply with an enforceable Turkish maintenance order, the creditor may initiate enforcement proceedings in Turkey.

Depending on the debtor’s assets and income, enforcement may involve attachment of:

• Bank accounts;
• Salary or other receivables;
• Vehicles;
• Real estate;
• Certain other assets and financial rights.

Failure to pay periodic maintenance may also have consequences under Article 344 of the Turkish Enforcement and Bankruptcy Law. Subject to a complaint and the applicable procedural conditions, non-compliance with a maintenance order may result in coercive imprisonment of up to three months. This consequence is not automatic and does not eliminate the underlying debt.

If the debtor or their assets are located abroad, enforcement will depend on the law of the relevant country and any applicable international convention. A Turkish decision is not automatically executable in every foreign jurisdiction.

Can a Foreign Alimony Judgment Be Enforced in Turkey?

A foreign maintenance judgment does not ordinarily become directly enforceable against assets in Turkey merely because it is valid in the country where it was issued.

Where the creditor seeks compulsory execution in Turkey, an enforcement decision known as tenfiz may be required. Recognition alone generally establishes the judgment’s legal effect, while enforcement provides the authority needed for compulsory execution.

The required procedure may be affected by international conventions to which Turkey and the country of origin are parties. The finality of the decision, proper service, the right of defence and Turkish public policy may also be examined.

Further information is available in our article on the cross-border enforcement of foreign alimony decrees in Turkey.

Is Alimony the Same as Property Division or Divorce Compensation?

No. Alimony, property division and divorce-related compensation are separate legal claims.

Poverty alimony concerns the post-divorce financial needs of an economically vulnerable spouse. Property division concerns the liquidation of the spouses’ matrimonial property regime. Material and moral compensation may depend on different statutory conditions, including marital fault and infringement of personal rights.

A spouse may have an alimony claim without having a property-division claim, or may have both claims at the same time. The outcome of one does not automatically determine the outcome of the other.

International couples may also face different applicable-law rules for divorce, maintenance and matrimonial property. The financial consequences should therefore be classified before a claim is filed.

Frequently Asked Questions About Alimony in Turkey

Is alimony automatically awarded in every Turkish divorce?

No. Spousal alimony must satisfy the conditions established by the applicable law. Temporary measures, poverty alimony and child maintenance are assessed separately.

Does a foreign spouse need Turkish citizenship to receive alimony?

No. Foreign nationality does not by itself prevent a spouse from requesting maintenance. Jurisdiction, applicable law and the substantive conditions of the claim must still be established.

Is there a fixed alimony percentage in Turkey?

No. Turkish law does not prescribe a universal percentage of the paying spouse’s salary. The amount is determined according to the parties’ needs, income, assets and other circumstances.

Can a spouse with a job receive poverty alimony?

Possibly. Having employment or some income does not automatically prevent an award. The court considers whether the income is sufficient to prevent the spouse from falling into poverty after divorce.

Can a spouse living outside Turkey request alimony?

In principle, yes. However, the jurisdiction of the Turkish courts, applicable law, service requirements and procedural representation must be determined.

Does remarriage terminate poverty alimony?

Periodic poverty alimony ends automatically if the recipient remarries. Other circumstances, such as living with another person as though married or no longer being in poverty, may require a court decision.

Can the amount be changed later?

Yes. Periodic maintenance may be increased, reduced or terminated if the statutory conditions and a material change in circumstances are established.

Can alimony be ordered in foreign currency?

Foreign income may be considered when determining financial capacity, but payment in a foreign currency is not automatic. The request and its legal basis must be assessed in the individual case.

Conclusion

A foreign spouse may claim alimony in Turkey, but nationality alone does not determine the result. The court must first establish jurisdiction and applicable law and then examine the conditions governing the particular type of maintenance requested.

Where Turkish law applies, interim maintenance may address immediate needs during the proceedings, while poverty alimony may be awarded after divorce if the claimant will fall into poverty and is not more at fault than the other spouse. Child maintenance remains a separate right assessed according to the child’s needs and the parents’ financial circumstances.

International cases may also require proof of foreign income, apostilled and translated documents, cross-border service and enforcement proceedings in more than one country. For that reason, the legal assessment should distinguish between spousal maintenance, child maintenance, compensation, property division and enforcement rather than treating all financial consequences of divorce as a single claim.

This article provides general information. The jurisdiction, applicable law, evidence, procedural periods and enforceability of an alimony claim depend on the circumstances of the individual case.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.