According to Which Criteria Is Alimony Determined?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
How alimony amounts are determined in divorce cases, which spouse can receive alimony, and how child support is calculated are among the legal issues most researched by citizens. Attorney Gizem Gonce stated that the economic conditions of the parties, their needs, and the legal requirements are evaluated together in alimony decisions.
Which elements are taken into account when determining the alimony amount?
Alimony is not determined according to a single fixed tariff. The legal conditions to be applied vary depending on the type of alimony. During the divorce process, interim alimony (tedbir nafakası) may come into question, while after the divorce, poverty alimony (yoksulluk nafakası) and child support (iştirak nafakası) for children may be raised.
Interim alimony can be evaluated within the scope of temporary measures aimed at protecting the spouses and children during the course of the lawsuit. In poverty alimony, falling into poverty due to the divorce and the fault conditions specified in the law are of importance. Child support, on the other hand, relates to parents contributing to the care and education expenses of the child in proportion to their financial capacity.
Attorney Gizem Gonce: “There is no fixed amount valid for everyone regarding alimony”
Attorney Gizem Gonce made the following statement regarding the amount of alimony:
“In the assessment of alimony, the income of the parties, regular expenses, living conditions, employment and earning opportunities, other obligations if any, and the needs of the children are examined together. However, the legal conditions of each alimony type are different. Therefore, it is not possible to determine an amount valid for every case merely by looking at the salary of one of the parties.
For example, when determining child support for a child, the child’s age, education and health expenses, daily needs, and the economic capacities of the mother and father are taken into account. In poverty alimony, however, the likelihood of falling into poverty as a result of the divorce and the fault conditions stipulated by law are evaluated.”
Can an unemployed spouse automatically receive alimony?
The fact that a spouse is not working does not, by itself, guarantee the award of alimony. The relevant legal requirements must be met depending on the type of alimony. Likewise, being employed does not eliminate an alimony claim in every case.
Gonce said, “When evaluating an alimony claim, the court takes the actual economic situation of the parties and the conditions required by law as the basis. In addition to declared income, available documents and, where necessary, relevant economic investigations may be of importance.”
Can the amount of alimony be changed later?
In the event of a change in circumstances, an increase, decrease, or termination of alimony may be requested. However, the change does not occur automatically; a legal assessment must be made according to the relevant alimony type and statutory requirements.
Attorney Gizem Gonce warned: “If significant changes have occurred in the income, needs, or living conditions of the parties after the alimony decision, a new evaluation may be requested from the court by documenting these changes. Reducing alimony or stopping payment on one’s own decision may create legal risks.”
Update — 29 October 2026 — Can a Spouse with Income Comparable to the Other Spouse Be Awarded Maintenance on Grounds of Poverty?
In claims for maintenance on grounds of poverty after divorce, the parties’ income, living conditions and the possibility of falling into poverty because of the divorce are important. Attorney Gizem Gonce stated that a conclusion in the maintenance assessment cannot be reached on the basis of a single financial indicator.
Can maintenance on grounds of poverty be awarded if the spouses’ incomes are similar?
Attorney Gizem Gonce: An assessment of maintenance on grounds of poverty does not look only at the parties’ salaries. Under Article 175 of the Turkish Civil Code, a party who will fall into poverty because of the divorce may seek maintenance from the other party in proportion to that party’s financial capacity, provided that the claimant is not more at fault.
If the parties’ incomes are similar, that is certainly relevant, but it does not by itself determine the outcome. Housing expenses, assets, regular income, ability to work and the specific economic circumstances should be assessed together.
Is maintenance automatically awarded to the spouse with the lower income?
Attorney Gizem Gonce: No. Maintenance is not a payment made solely to make up the difference between two salaries. The statutory requirements must be met. It is also important to examine the claiming spouse’s degree of fault and whether that spouse will fall into poverty because of the divorce.
Can awarded maintenance be changed later?
Attorney Gizem Gonce: If circumstances change, a request may be made to increase, reduce or terminate the maintenance. The relevant legal requirements must be met and the specific facts must be established. Alimony may end automatically in certain cases specified by law; requests for an increase, reduction, or termination by court order must follow the applicable legal procedure.
Each maintenance case is assessed in light of its own circumstances. It should not be assumed that a decision can be directly applied to another dispute.