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Conditions for Provisional, Child Support, Spousal Support, and Assistance Alimony/Maintenance Cases and Amount Modification Cases Pursuant to Article 176 of the Turkish Civil Code (TMK). This guide has been updated as of July 2026, based on the Constitutional Court's decision dated June 4, 2026, regarding “indefinite alimony/maintenance.”
Summary Alimony/Maintenance is regulated under four separate headings to maintain economic balance during the marriage and divorce process: provisional alimony/maintenance valid during the case, child support alimony/maintenance specific to the child, spousal support alimony/maintenance specific to the spouse, and assistance alimony/maintenance specific to the adult child. The amount determined by the court is not permanent; when there is a substantial change in the economic situation of the parties, a case for increase, decrease, or abolishment can be filed pursuant to TMK Art. 176. With the Constitutional Court's annulment of the phrase "indefinitely" in spousal support alimony/maintenance in 2026, this area has become one of the most litigated topics in the coming period.
Why Does An Alimony/Maintenance Decision Not Stay The Same Forever? The amount of alimony/maintenance determined by the court is shaped by the economic conditions of the day it was issued. As time passes, inflation erodes alimony/maintenance, the income levels of the parties change, one remarries, one loses their job.
The law does not ignore this reality: the amount of alimony/maintenance can be brought before the judiciary again when conditions change. The year 2026 marked a separate turning point in this area. The Constitutional Court annulled the provision stipulating that spousal support alimony/maintenance should be of indefinite nature. This decision concerns both existing alimony/maintenance creditors and debtors. Below are the types of alimony/maintenance, the conditions for an increase-decrease case, and the practical consequences of the 2026 decision.
What Is Alimony/Maintenance, What Legal Articles Is It Based On? Alimony/maintenance is a regular payment made by a person to those they are legally obligated to support, in order to provide for their livelihood. The Turkish Civil Code regulates this payment not under a single article, but with different provisions depending on the situation: Article 195 of the Turkish Civil Code during the marriage, Articles 169, 175, and 182 of the Turkish Civil Code during and after divorce, and Article 364 of the Turkish Civil Code for adult children.
The type of alimony/maintenance, the person in whose favor it will be awarded, and its amount are determined by the family court judge based on concrete facts such as the fault of the parties, income level, social status, and the child's best interests. That this decision is not “final and unchangeable” is the most critical feature of alimony/maintenance law.
Four Types of Alimony/Maintenance: Who Can Claim From Whom, and When?
Provisional Alimony/Maintenance As soon as a divorce or separation case is filed, without waiting for the outcome of the case, the judge ex officio orders provisional alimony/maintenance for one of the parties and for the children, if any. The aim is to prevent the economically weaker spouse and children from suffering during the ongoing case. This type of alimony/maintenance is based on Articles 169 and 197 of the Turkish Civil Code.
It automatically ends with the finalization of the divorce decision; it is replaced by child support or spousal support alimony/maintenance, depending on the situation.
Child Support Alimony/Maintenance This is the alimony/maintenance paid by the non-custodial parent to the custodial parent as a contribution to the child's care, education, health, and housing expenses after divorce. It is regulated in Articles 182 and 329 of the Turkish Civil Code.
This alimony/maintenance is for the benefit of the child and is awarded independently of the parties' fault; even a faultless parent is obliged to pay. As a rule, it continues until the child turns 18; it can be converted into assistance alimony/maintenance for a child continuing their education.
Spousal Support Alimony/Maintenance This is the type of alimony/maintenance that a spouse who will fall into economic hardship due to divorce and whose fault in the divorce is not heavier than the other party's, can claim in proportion to the financial strength of the other spouse, and it is regulated in Article 175 of the Turkish Civil Code. The law stipulated that this alimony/maintenance could be requested indefinitely; however, the Constitutional Court, with its General Assembly decision dated June 4, 2026, annulled the phrase "indefinitely" in the relevant article by a majority vote. The annulment provision will enter into force 9 months after its publication in the Official Gazette; the current regulation continues to be applied during this period. The Turkish Grand National Assembly is expected to make a new regulation connecting alimony/maintenance to an upper limit proportional to the marriage duration within this period. Finalized alimony/maintenance decisions are not retroactively affected by the annulment decision; after the effective date, new cases concerning the time limit will be opened.
Assistance Alimony/Maintenance This is a type of alimony/maintenance not directly related to divorce, which can be claimed among relatives listed in the law (descendants, ascendants, and siblings who would fall into poverty if not assisted) and is based on Article 364 of the Turkish Civil Code. In practice, it is most often seen in the form of alimony/maintenance requested by an adult child continuing their education from their mother or father.
Provisional Weak spouse and/or children From the filing of the case until the finalization of the decision Not required
Alimony/Maintenance (on behalf of the child) Spousal Support Economically weak, (expected to be subject to a time limit after the 2026 Constitutional Court decision) A spouse whose fault is not heavier than the other party's must not be more at fault than the other party
Assistance Relatives who will fall into poverty As long as the need continues Not required
Conditions for an Alimony/Maintenance Increase or Decrease Case Paragraph four of Article 176 of the Turkish Civil Code stipulates that if a "substantial change" occurs in the economic and social situation of the parties after the alimony/maintenance amount has been determined, the interested party may request the court to increase, decrease, or completely abolish the alimony/maintenance. The basic conditions required for the lawsuit to be accepted can be listed as follows.
The change must be substantial and concrete. A simple fluctuation in income is not sufficient; an increase or decrease in the poverty of the alimony/maintenance creditor, or a serious change in the debtor's payment capacity, must be proven with concrete evidence such as a salary slip, land registry record, or bank account statement.
The change must have occurred after the finalization of the decision. The alleged change cannot be a situation that the judge already knew or foresaw when the previous alimony/maintenance decision was made. The change is requested by filing a new lawsuit in the family court. It is not enough to submit a petition to the court that issued the previous decision; an objection to the enforcement file also does not produce this result.
In spousal support alimony/maintenance, there are also grounds for termination. Remarriage of the alimony/maintenance creditor automatically terminates the alimony/maintenance; living with another person as if married, leading a dishonorable life, or acquiring a regular and sufficient income requires the abolishment of alimony/maintenance by court decision.
For a request to increase child support alimony/maintenance, the child growing older and increased education expenses (private school, university, health expenses) are considered sufficient reasons alone. In a case filed solely with a request for reduction, the judge cannot completely abolish alimony/maintenance ex officio without amendment or counterclaim. The reverse is possible: in a case filed with a request for abolishment, if the judge sees that the conditions are not fully met, they can reduce the alimony/maintenance on the principle of "the lesser is included in the greater."
Case Summary Mr. Serkan and Ms. Ayşe divorced by agreement in 2019; according to the protocol, Mr. Serkan agreed to pay a monthly spousal support alimony/maintenance of 6,000 TL to Ms. Ayşe, who was not working, and a monthly child support alimony/maintenance of 4,000 TL for their common child. Within six years, both inflation and Mr. Serkan's income tripled with a promotion, while the alimony/maintenance amount never changed.
Trial and Proof Process Ms. Ayşe filed a lawsuit for an increase in alimony/maintenance in the family court through her lawyer. New salary slips of Mr. Serkan and an SGK service breakdown related to the change of title were presented as evidence in the petition, and the six-year CPI increase was reported by an expert. Mr. Serkan partially objected by presenting evidence of his new maintenance obligation arising from his new marriage and increased expenses. The court rendered its decision on the fourth hearing after evaluating the expert report.
Legal Ruling The court ruled that Mr. Serkan's income increase should be reflected in Ms. Ayşe's and the child's standard of living, but also that Mr. Serkan's new maintenance obligation should be taken into account for fairness. Spousal support alimony/maintenance was increased from 6,000 TL to 11,000 TL, and child support alimony/maintenance from 4,000 TL to 8,500 TL; it was ruled that it should be automatically increased annually by the PPI rate every January.
Stage Action Notes from the Field 1. Evidence Salary slip, SGK service breakdown, land/vehicle SGK service breakdown can be obtained with a barcode via e-Devlet and submitted directly to the file.
2. Filing of Application to the family court with a petition for alimony/maintenance increase/decrease The competent court is the family court of the defendant's domicile. 3. Expert The income-expense balance of the parties is examined by a financial advisor If no timely and concrete objection is raised against the expert report, the report is taken as the basis for the judgment.
Review or expert. 4. Decision Determination of the new alimony/maintenance amount and inclusion of the annual If the index is not specified in the decision, the alimony/maintenance will continue to erode as a real increase index in the decision in subsequent years.
Does spousal support alimony/maintenance automatically end if the ex-spouse remarries? In case of remarriage with an official marriage, spousal support alimony/maintenance automatically terminates by law; enforcement proceedings can be stopped without the need for a separate abolishment lawsuit.
In contrast, cohabitation with another person without an official marriage does not automatically produce results; this situation must be proven in court and terminated by a lawsuit for the abolishment of alimony/maintenance.
Can indefinite alimony/maintenance payments be stopped immediately after the 2026 Constitutional Court decision? No. Although the decision annulled the phrase "indefinitely," the entry into force of this annulment has been postponed for 9 months from its publication in the Official Gazette. During this period, the current legal provision and finalized alimony/maintenance decisions remain valid. Unilaterally stopping payments before the effective date carries the risk of enforcement proceedings and disciplinary imprisonment. Even when the effective date arrives, the time limit will not automatically arise; it will be clarified by a new regulation by the Turkish Grand National Assembly or by an adaptation lawsuit to be filed.
Is imprisonment applied if alimony/maintenance debt cannot be paid? The Enforcement and Bankruptcy Law (İİK) provides for disciplinary imprisonment for debtors who intentionally do not pay alimony/maintenance debt; however, this sanction is applied when the debt is not paid culpably and intentionally. A debtor who proves that their payment capacity has objectively ceased due to unavoidable reasons such as unemployment or health problems can both object in the enforcement court and file a lawsuit for the reduction or temporary suspension of alimony/maintenance in the family court.
Does child support alimony/maintenance automatically stop when the child turns 18? Child support alimony/maintenance automatically terminates by law on the date the child becomes an adult, and there is no need for a separate abolishment lawsuit. If the child continues their education, they can request alimony/maintenance for the duration of their education by filing a separate assistance alimony/maintenance lawsuit on their own behalf.
Attention: Common Procedural Errors Wrong type of lawsuit selection: Asking for abolishment verbally at the hearing after filing a lawsuit solely for reduction; this will not be taken into account by the judge because a proper amendment or counterclaim was not made.
Filing a lawsuit without or with insufficient evidence: Stating that income has increased is not enough; lawsuits filed without concrete documents are rejected due to insufficient evidence. Unilaterally stopping alimony/maintenance: Stopping payments without a court decision leads to enforcement proceedings and disciplinary imprisonment.
Filing a lawsuit in the wrong court: An increase/decrease lawsuit must be filed in the family court of the defendant's domicile, not the court that rendered the divorce decision; otherwise, loss of time and fees will occur due to a decision of incompetence or lack of jurisdiction.
Failure to include an index clause: If the annual increase rate is not specified in the decision, alimony/maintenance loses its real value against inflation and a new lawsuit must be filed each time.
Conclusion Alimony/maintenance law is a dynamic field strictly tied to the personal economic conditions of the parties, the duration of the marriage, and the new legislation that will be shaped after the Constitutional Court's decision in 2026. Just as formulating the initial alimony/maintenance request in the correct type and amount is crucial, supporting a subsequent increase or decrease lawsuit with concrete evidence plays a decisive role in a favorable outcome of the process.
Important Legal Disclosure: The legal explanations, tables, and sample scenarios contained in this informative article have been prepared by Küheylan Law Office for general informational purposes based on the legislation in force as of 2026 and the Constitutional Court's decision dated June 4, 2026. The text does not constitute legal advice; the outcome may vary depending on the unique circumstances of each concrete case, the nature of the evidence presented, and the course of the trial. Since procedural errors or insufficient evidence in alimony/maintenance cases can lead to irreparable loss of rights, it is recommended to conduct the process with the support of a lawyer. © 2026 Küheylan Law Office. All Rights Reserved.
Author: Atty. Mert Deniz Kueheylan Kueheylan Law Office — Burhaniye Mh. Nesetbey Sk. No:12/5 Kat:5 Daire:3 Üsküdar/Istanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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