Types of maintenance under Turkish law

In brief: “Maintenance” under Turkish law refers to several different legal obligations. Temporary measures during divorce proceedings, poverty maintenance after divorce, a contribution for a child, and maintenance owed to certain relatives have separate statutory grounds. Their conditions and assessment depend on the relevant provisions and the circumstances of each case.

What temporary support may be considered during divorce proceedings?

Article 169 of the Turkish Civil Code provides that, once divorce or separation proceedings begin, a judge takes necessary temporary measures for the duration of the case. It specifically refers to the spouses’ accommodation and support, management of property, and the care and protection of children. These interim measures are distinct from a maintenance order that may continue after the case.

The need and scope of a measure are assessed in light of the case. The article does not set a fixed amount applicable to everyone.

What is poverty maintenance?

Under Article 175, a spouse who would fall into poverty because of the divorce may request maintenance in proportion to the other spouse’s financial means, provided the requesting spouse is not more at fault. Fault by the person who would pay is not required. The provision does not mean that maintenance is automatically ordered in every divorce; its statutory conditions and the parties’ circumstances must be assessed.

Article 176 addresses payment as periodic income or a lump sum and permits a periodic amount to be changed or ended when the statutory conditions are met. Remarriage and the death of either party are among the circumstances addressed by the law.

How is a child’s maintenance treated?

Article 182 covers arrangements for children in divorce or separation and provides that the parent without custody contributes, in proportion to their means, to the child’s care and education costs. This is commonly called child maintenance. It is distinct from poverty maintenance paid to a former spouse. The law does not provide a single calculation formula or tariff for every family.

Is maintenance for relatives a separate category?

Article 364 concerns support for ascendants, descendants and siblings who would fall into poverty without assistance. A sibling’s obligation depends on being in comfortable financial circumstances. The article preserves the separate provisions on spouses’ and parents’ duties of care.

The primary provisions are Articles 169, 175, 176, 182 and 364 of the Turkish Civil Code. This note provides general legal information, not advice or an outcome assessment for an individual dispute.