Alimony in Turkey, legally referred to as "nafaka," is a critical aspect of post-divorce financial arrangements governed by the Turkish Civil Code. It ensures the economic security of the financially weaker party—often the spouse who has custody of children or who interrupted their career for family life. Whether you're initiating a divorce or defending against excessive demands, understanding the legal framework of alimony is essential. Our Turkish Law Firm has extensive experience representing both claimants and respondents in nafaka disputes. With the guidance of an English speaking lawyer in Turkey, foreign nationals can navigate these emotionally and financially sensitive cases with clarity and confidence.
Legal Basis of Alimony (Nafaka) in Turkish Law
Alimony is primarily regulated by Articles 175 to 176 of the Turkish Civil Code, which outline the conditions under which support may be granted following divorce. There are several types of alimony: precautionary (tedbir nafakası), child support (iştirak nafakası), and permanent alimony (yoksulluk nafakası). A spouse who falls into economic hardship due to divorce and is not at grave fault can claim permanent alimony. Our Turkish Lawyers prepare legal petitions, evidence files, and represent clients in both family court and execution proceedings. The best lawyer firm in Turkey ensures that all nafaka claims are evaluated under proper legal standards and in proportion to living conditions and earning capacity.
Types of Alimony Recognized in Turkey
There are three main forms of alimony in Turkish family law: (1) Temporary alimony during the divorce process, (2) Child support until the child reaches adulthood, and (3) Post-divorce support for a financially dependent spouse. Temporary alimony is determined early in the case based on urgent financial needs. Child support is calculated based on the child’s living expenses, education, and health requirements. Post-divorce support considers the recipient’s earning capacity and the payer’s financial situation. Our English speaking lawyer in Turkey ensures all documentation, including income statements and expense tables, are properly submitted. Related: Child Custody and Support Rules
How Alimony is Calculated in Turkish Courts
There is no fixed formula for alimony in Turkey. Judges evaluate each case based on the parties’ incomes, standard of living during the marriage, and post-divorce needs. Official payslips, tax records, asset reports, and even lifestyle indicators (vehicle ownership, credit card statements) can influence the judgment. Our Company Lawyer Turkey supports asset tracing, financial due diligence, and declaration analysis in complex financial cases. Turkish Law Firm ensures you are not overburdened by unfair demands or that your rights are not overlooked due to hidden income by the other party.
Modifying or Terminating Alimony Orders
Alimony can be increased, decreased, or canceled through a modification case (nafakanın uyarlanması davası) if there is a significant change in financial circumstances. Common reasons include loss of job, remarriage of the alimony recipient, or a drastic increase in the payer’s income. Our Criminal Defence Lawyer in Turkey also assists if false claims or concealed income are suspected. Turkish Lawyers gather evidence, cross-examine financial declarations, and file for judicial review. See also: How Hidden Assets Affect Divorce and Alimony
International Clients and Cross-Border Alimony Enforcement
Foreign nationals may encounter challenges when alimony orders are issued in Turkey but enforcement is needed abroad—or vice versa. Turkey is a party to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. Our English speaking lawyer in Turkey manages recognition and enforcement (tanıma-tenfiz) of foreign judgments. We also assist Turkish citizens abroad who are ordered to pay alimony and need representation in Turkish family courts. Related: Cross-Border Family Law in Turkey
Enforcement of Alimony Decisions in Turkey
Once a family court issues an alimony order, the recipient can enforce payment through the Execution and Bankruptcy Office. If payments are missed or delayed, enforcement begins with a formal payment notice, followed by asset seizure, salary garnishment, or bank account blocking if needed. Repeated non-payment may result in coercive imprisonment (tazyik hapsi), where the debtor is jailed until the amount is paid or the legal maximum term is served. Our Turkish Law Firm handles all stages of enforcement and defense, ensuring that your rights as either payer or recipient are legally protected. Criminal Defence Lawyer in Turkey steps in when criminal sanctions are imposed unjustly.
Coercive Imprisonment for Non-Payment (Tazyik Hapsi)
If an individual fails to pay court-ordered alimony without valid reason, Turkish law allows the claimant to request coercive imprisonment. This is not a criminal punishment but a civil enforcement tool, and it is governed under Article 344 of the Execution and Bankruptcy Law. The defaulting party may face 3 to 6 months in prison until payment is fulfilled. Our English speaking lawyer in Turkey prepares defense submissions proving financial incapacity, miscommunication, or settlement efforts to prevent unjust detention. Turkish Lawyers also file for suspensions or discharge of coercive penalties when legal criteria are met.
Alimony in Uncontested (Agreed) Divorces
In amicable divorces, spouses can freely determine alimony terms by mutual agreement. These provisions become legally binding once the judge ratifies the divorce protocol. However, the agreement must not violate public order or basic family law principles. Our Company Lawyer Turkey assists clients in drafting divorce protocols, calculating fair support levels, and protecting long-term rights. Turkish Law Firm ensures that agreements are enforceable across jurisdictions, especially for expats and mixed-nationality marriages.
Strategic Litigation in Alimony Disputes
Success in nafaka litigation depends on financial evidence, narrative credibility, and tactical court presentation. Our Turkish Lawyers construct fact-based narratives supported by real evidence—such as invoices, employment history, asset records, and testimony. English speaking lawyer in Turkey ensures foreign parties are heard fully and that their lifestyle, culture, and language barriers are considered by the judge. Criminal Defence Lawyer in Turkey intervenes if fraudulent claims, defamation, or intimidation arise during litigation.
Alimony and Domestic Violence Cases
Victims of domestic violence are entitled to stronger legal protections under both the Civil Code and Law No. 6284 on Protection of Family. This includes precautionary alimony during protective order enforcement. Turkish Law Firm integrates family court and criminal law strategies to secure the victim’s safety and financial continuity. Criminal Defence Lawyer in Turkey also represents accused parties, ensuring a balanced and fair defense while cooperating with psychological evaluators and court-appointed experts.
Precedents and High Court Decisions
The Turkish Court of Cassation (Yargıtay) provides binding precedents on nafaka calculations, duration limits, remarriage effects, and retrials. In recent years, rulings have favored proportional alimony and even time-limited payments for short marriages. Our Turkish Lawyers cite leading cases to support or oppose claims and prepare appeals when family court rulings are legally flawed. Learn more: Family Law Precedents in Custody and Support
Frequently Asked Questions (FAQs)
- Who can claim alimony in Turkey? A financially dependent spouse who is not gravely at fault in the divorce can claim alimony under Turkish Civil Code Article 175.
- Can men receive alimony in Turkey? Yes. Turkish law is gender-neutral. A man can receive alimony if he is the dependent party after divorce.
- Is there a fixed amount or formula for alimony? No. The court decides based on income, lifestyle, expenses, and financial need. Every case is unique.
- Can alimony be avoided through agreement? Yes, in uncontested divorces, the parties can mutually waive or determine alimony through a valid agreement.
- What happens if the payer lives abroad? Enforcement may be possible via international agreements. We initiate recognition and enforcement proceedings abroad.
- Is alimony taxable in Turkey? No. Alimony is not subject to income tax in Turkey for either party.
- Can alimony be increased after divorce? Yes, if financial circumstances change, the recipient can file for an increase with proper documentation.
- What is the duration of alimony? There is no automatic expiry. However, remarriage or significant income change may justify cancellation.
- Can I stop paying if my ex remarries? Yes. Remarriage or a proven cohabitation equivalent ends alimony obligations automatically.
- How do I avoid false alimony claims? Present full evidence of mutual fault, financial independence, or cohabitation. Our Turkish Lawyers prepare comprehensive defense files.
- Can the court seize my salary for unpaid alimony? Yes. Execution courts can garnish wages, freeze accounts, and even initiate asset seizure.
- Who is the best lawyer firm in Turkey for alimony cases? Istanbul Law Firm—with expert Turkish Lawyers, full English support, and strong courtroom presence in family disputes.
Contact Our Turkish Law Firm
If you're navigating divorce, alimony claims, or cross-border enforcement, trust our Turkish Law Firm for expert family law support. Our English speaking lawyer in Turkey team ensures clarity, cultural sensitivity, and full procedural compliance in Turkish courts. Whether you're pursuing your right or defending against excessive demands, we protect your interests with strong evidence, strategic litigation, and client-focused advocacy. Choose the best lawyer firm in Turkey to guide you through the complex nafaka landscape with confidence.