Divorce alimony in Turkey


One of the spouses obtains alimony for divorce in Turkey, according to the Turkish Civil Code, after proving his need for it. This requires looking at many details before ruling on alimony, which we have collected for you in this article.

Let's first get acquainted with the types of divorce divided by the civil law in Turkey.

Types of divorce according to Turkish law
Turkish law divided divorce into two main types:

The first type: It is a divorce agreed upon without disputes
This type is done by agreement between both parties, filling out the application form related to divorce and specifying all the procedures together, and the two parties will get a divorce easily, provided that one year has passed since the marriage, and this is in accordance with Article No. 3/166 of the Civil Code in Turkey.

The judge decides on divorce after personally confirming that the desire to separate exists on both parties, and that they agree on matters of custody for their children, and the property has been fairly divided, and the judge can make some adjustments in order to improve the conditions of the children.

The second type: It is a disputed divorce that was not agreed upon
This type of divorce begins when one of the spouses initiates the procedures without the consent of the other party. In most cases, this party is the one who suffers the greatest harm and decides to end the relationship for several reasons, including:

Lack of agreement and the existence of disagreements between the spouses that cannot be resolved in addition to the impossibility of completing their married life, such as if one of them expels the other from his home or threatens it, or that he has borrowed huge sums of money from him or any of the mutual insults and scandals, in these cases the aggrieved party Divorce procedures according to Law 1/166.
The existence of problems in the intimate relationship between the spouses, such as negligence by one of them or suffering from problems and diseases that prevent them, or one of the parties disclosing sensitive information about the other, in which case the other party can initiate divorce proceedings.
The fact that one of the spouses commits adultery gives the other party the right to request a divorce, provided that the victim of the order proves that the other party committed adultery within 6 months of knowing it, and this is in accordance with Article No. 161 of the Civil Code in Turkey.
If one of the spouses attempts to kill, harm, or disrespect the other, or performs any act that causes him psychological or physical pressure, then the victim has the right to initiate divorce proceedings.


What is the cost of divorce in Turkey?
After the property is shared between the two parties, the wife has the right to request her own divorce alimony, which is subject to the permanent residence claims of the alimony creditor, in accordance with Article 19 of Turkey's procedural and international law.

The partner who requests alimony must be in need of it after the divorce, meaning that the wife's standard of living has decreased to the point of living in a relative level of poverty, and in this case the court shall order the payment of alimony to the wife on the other party.

Note: The wife can obtain alimony for divorce in Turkey even if she does not live in poverty or destitution and works for a low and modest wage, after her divorce from a wealthy person.

Speaking about the issue of life-long alimony for the wife, the Ministry of the Family in Turkey indicated that the husband is not considered a social security institution for his wife, and it is not right to impose permanent alimony for life on him, which pushes his wife, beneficiary of divorce alimony in Turkey, to laziness.

Also, the alimony for life makes the marriage based on benefit, and this contradicts the purpose of marriage.

Let's get acquainted with the types of divorce alimony in Turkey.

Types of alimony for divorce in Turkey?
The civil law in Turkey divides divorce expenses into 4 types:

Husband or wife alimony according to the Turkish Civil Code:
If one of the spouses with lesser guilt needs financial support or does not have sufficient income, then he has the right to support the other party in accordance with Article No. 175 of the Turkish Civil Code, and determining the amount of alimony depends on the financial situation of the offender, and the alimony is canceled if he marries the least guilty again or his financial situation improved, or it was proven that he lived immorally or died.

Child support according to the Turkish Civil Code:
According to the law in Turkey, the court entrusts the guardianship of the child to the father or mother, while the other is charged with paying alimony for the child, and the amount of alimony can increase with the increase in the child’s needs according to his growth, according to what the court estimates and deems appropriate.

Temporary alimony according to the Turkish Civil Code:
The plaintiff obtains temporary alimony during the course of the divorce proceedings, if he is unable to meet his personal needs or the needs of his children, and the provision of temporary alimony begins for him from the start of filing the first lawsuits related to divorce, until the completion of the procedures.

Support expense according to the civil law in Turkey:
This alimony is considered due in the event that a person is unable to provide for his basic needs, so he has the right to obtain support from his children or grandchildren (the successors), or from parents or grandparents (ancestors), and this is after this person proves his poverty, and proves the financial stability of the relatives who will provide His support, and it should be noted the rarity of this type of expenditure in Turkey.

After knowing the types of divorce alimony in Turkey, let us learn how to divide property between spouses upon separation according to the civil law in Turkey.

How to divide property between spouses before paying divorce maintenance in Turkey
The two parties share the wealth they have accumulated after marriage according to the civil law in Turkey, where both parties have the right to choose any system related to the property relations between them, as long as it will be agreed upon by virtue of the marriage, and if this agreement is not concluded before marriage, they will go to court after the divorce To divide the property between them according to the Basic Law.

The law on the partnership of property relations divides the assets of the two parties into two main parts:

Acquired assets:
It is such as job income, wages or professional activity for both parties, as well as income resulting from intellectual property rights, which includes special payments and shares that result from property