Spousal Maintenance After Divorce in Turkey for Foreign Spouses: Civil Code Article 175

Quick Answer

When Turkish law governs post-divorce spousal maintenance, Civil Code Article 175 allows the spouse who will fall into poverty because of the divorce to request maintenance from the other spouse in proportion to that spouse’s financial capacity, provided the claimant’s fault is not more serious. The paying spouse does not have to be at fault. Article 176 allows a lump-sum award or, depending on the circumstances, periodic payments and regulates termination, increase and reduction. A periodic poverty-maintenance award ends automatically if the recipient remarries or either party dies; it may be terminated by court decision if the recipient lives as if married without marriage, ceases to be in poverty or leads a dishonourable life. For international divorces, MÖHUK Article 14(2) sends maintenance claims between divorced spouses back to the same law determined under Article 14(1): common national law, then common habitual-residence law for spouses of different nationalities, and, if neither exists, Turkish law. A 3 February 2026 Court of Cassation decision also confirms that a Turkish court cannot simply impose a fixed term on periodic Article 175 maintenance where the statutory conditions call for an indefinite award.

Article 175: Four Questions the Court Must Answer

Article 175 does not create automatic post-divorce maintenance for the lower-earning spouse. Where Turkish law applies, the court must determine whether the claimant will fall into poverty because of the divorce, whether the claimant’s fault is no more serious than the other spouse’s, what financial capacity the other spouse has, and what amount is required for the claimant’s maintenance within that capacity.

The statute is gender-neutral. Either former spouse can claim if the conditions exist. Nationality is also not a statutory eligibility condition. A foreign spouse can qualify where Turkish law governs the claim and the factual conditions are established.

The paying spouse’s fault is not required. Article 175 states this expressly. That distinguishes poverty maintenance from fault-sensitive financial compensation under Civil Code Article 174. A party can therefore be ordered to pay maintenance even when the court has not found that party at fault in the sense required for divorce compensation.

Poverty maintenance should also be distinguished from temporary support during pending divorce proceedings under Article 169. Article 169 protects the litigation period; Article 175 concerns support following divorce.

What Does “Falling into Poverty Because of Divorce” Mean?

The Civil Code does not define poverty through a fixed salary threshold. The court evaluates the claimant’s actual ability to meet ordinary and necessary living needs after divorce. Income is central, but it is not the only fact. Regular employment, pension income, rental income, savings, property, health costs, age, employability and unavoidable living expenses can all matter.

A spouse does not automatically lose the claim merely because he or she earns some income. The question is whether the economic position after divorce leaves that spouse unable to meet the level of basic needs recognised by the case law, taking the concrete circumstances into account.

Likewise, unemployment alone does not automatically prove entitlement. A claimant who owns substantial income-producing assets or has reliable other resources may not satisfy the poverty element. The case must be proved through documents rather than general statements that one spouse is “financially weak”.

For an international spouse, foreign income and assets are relevant. A claimant should disclose salary, benefits, pension, rental income and material assets abroad when they affect the poverty analysis. A payer can likewise be required to establish foreign earnings and obligations when ability to pay is disputed.

The Claimant’s Fault Must Not Be More Serious

Article 175 bars the claim if the claimant is more seriously at fault than the other spouse. Equal fault does not by itself prevent an award, and a claimant who is less at fault can still qualify. The paying spouse’s fault is not a separate condition.

This comparative-fault rule makes the findings in the divorce judgment important. If divorce was granted on a fault-based factual record, the reasoning can directly affect the maintenance analysis.

In an agreed divorce under Article 166(3), the parties normally avoid a contested fault inquiry. They can address post-divorce maintenance in their settlement subject to the judge’s review. See our guide to agreed divorce in Turkey for foreign spouses.

A foreign divorce judgment can create a separate issue if it contains no Turkish-style fault findings. Before relying on it for a subsequent Turkish claim, counsel should analyse the governing law, recognition status and the legal effect of the foreign decision.

How Is the Amount of Spousal Maintenance Calculated?

Turkish law does not use a universal formula or percentage. Article 175 links the award to the recipient’s maintenance needs and the payer’s financial capacity. The court therefore needs evidence from both sides.

For the claimant, useful evidence includes rent or housing costs, utilities, food and transportation expenditure, health expenses, insurance, necessary debt payments, income and benefits. For the proposed payer, salary, business income, rental income, pension, regular expenses, dependants and material assets can be relevant.

Currency matters in international cases. Foreign salary evidence should identify whether figures are gross or net and the payment period. Bank statements should show the account holder and source of recurring credits. A court should not be asked to infer reliable income from isolated screenshots.

Article 176 allows the court to order poverty maintenance as a lump sum or, according to the circumstances, as periodic payments. A lump sum and a periodic award have different termination consequences, so the requested form should be chosen deliberately.

Is Poverty Maintenance Automatically Limited to a Fixed Number of Years?

No. The current text of Article 175 permits an indefinite claim when the statutory conditions are met. That does not mean every award necessarily continues for the recipient’s lifetime. Article 176 contains specific events and changed circumstances that terminate or allow modification of periodic payments.

The current judicial position is particularly clear. In its decision dated 3 February 2026, 2nd Civil Chamber, 2025/6376 E., 2026/1025 K., the Court of Cassation held that limiting a periodic poverty-maintenance award to thirty-six months because the marriage had been short was contrary to the statute. The Chamber stated that the law does not give the judge discretion to impose a fixed duration on a periodic award in that manner and directed the lower court to consider the lawful alternatives, including whether a lump-sum award should be evaluated in the concrete circumstances.

This decision is useful because it addresses a recurring misunderstanding: “indefinite” in Article 175 is a statutory form of the claim, while Article 176 supplies mechanisms for automatic termination or judicial termination/revision when qualifying circumstances arise.

Accordingly, a spouse should not assume either that maintenance necessarily lasts forever or that a judge can freely choose an arbitrary two-year, three-year or five-year limit. The statutory route depends on the form of award and later facts.

When Does Periodic Maintenance End, Increase or Decrease?

Article 176 draws a clear distinction. Periodic poverty maintenance terminates automatically if the recipient remarries or if either party dies. No separate termination judgment is required for those statutory events.

Other events require a court decision. The periodic award may be terminated if the recipient lives together with another person as if married without formal marriage, if the recipient’s poverty disappears, or if the recipient leads a dishonourable life within the statutory meaning.

The amount can also be increased or reduced when the parties’ financial circumstances change or fairness requires it. A substantial loss of income, new stable earnings for the recipient, serious health costs or other material economic changes can therefore justify a modification action when proved.

Article 176 also allows the judge, on request, to determine how periodic maintenance will change in future years according to the parties’ social and economic circumstances. A well-drafted judgment or agreement should address future adjustment rather than leaving every inflation change to a new dispute where legally appropriate.

Foreign Spouses: Which Law Governs Post-Divorce Maintenance?

MÖHUK Article 14(2) expressly states that maintenance claims between divorced spouses are governed by paragraph one of Article 14. Paragraph one applies the spouses’ common national law; if the spouses have different nationalities, their common habitual-residence law; if no common habitual residence exists, Turkish law.

This special rule for maintenance between divorced spouses is important because MÖHUK Article 19 contains a general rule for maintenance claims based on the creditor’s habitual-residence law. For post-divorce maintenance between former spouses, Article 14(2) is the specific statutory provision and should be addressed first.

If Turkish law is designated, Articles 175–178 govern the substantive claim. If Article 14 designates a foreign law, the Turkish court must establish and apply that foreign law under MÖHUK Article 2, subject to the statute’s public-policy and other conflict-of-laws rules.

This applicable-law analysis is separate from jurisdiction and enforcement. A Turkish court may need to determine whether it has international jurisdiction, and a maintenance order may later need cross-border recognition or enforcement if the payer’s assets are outside Turkey.

Where and When Is the Claim Filed?

A spouse can request poverty maintenance in the divorce case. If the claim is filed separately after the divorce, Civil Code Article 177 provides that the court at the maintenance creditor’s residence is competent under the domestic venue rule.

Article 178 imposes a one-year limitation period for claims arising from termination of marriage by divorce, running from the date the divorce judgment becomes final. A former spouse should therefore not delay a separate post-divorce claim while assuming that Article 175’s word “indefinite” means the claim itself can first be brought at any time. Duration of an awarded obligation and the period for asserting divorce-based rights are different legal questions.

For a spouse abroad, service, finality of the divorce judgment and proof of residence should all be documented. If the divorce was granted by a foreign court, recognition in Turkey may be necessary before Turkish legal consequences are relied upon. Our guide explains recognition of a foreign divorce judgment in Turkey.

Evidence Checklist for a Cross-Border Maintenance Case

A strong file should establish both need and capacity with records that can be tested by the court. Depending on the case, useful evidence includes:

• the divorce judgment and proof of finality;
• nationality and habitual-residence evidence for the MÖHUK Article 14 analysis;
• employment contracts, payslips and tax records;
• bank and investment statements;
• pension and social-security records;
• rental income and property records;
• monthly housing and necessary living expenses;
• health and disability expenses where relevant;
• evidence concerning children or other persons legally dependent on the payer;
• business and company records where income is derived through a company;
• authenticated and certified Turkish translations of foreign public documents.

Evidence should cover a meaningful period. A single low-balance bank statement or one unusually high monthly payment rarely shows the complete financial position. Courts need a stable picture of recurring income, assets and unavoidable expenditure.

If a payer has Turkish assets and does not comply with an enforceable maintenance order, Turkish enforcement mechanisms can be considered. If the payer or assets are abroad, the applicable international enforcement route depends on the country and the instrument involved.

Official Sources

• Mevzuat Bilgi Sistemi — Turkish Civil Code Articles 175–178.
• Law No. 5718 – TBMM PDF, Article 14(2).
• Court of Cassation 2nd Civil Chamber, 2025/6376 E., 2026/1025 K., 3 February 2026 — official UYAP legislation/case-law portal.

Legal Assistance from Abroad

Post-divorce maintenance can be assessed from abroad by first determining the governing law, then collecting financial evidence and deciding whether the claim should be made in the divorce case or in a separate proceeding. The office handles Turkish family-law matters throughout Turkey from Mersin.

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Frequently Asked Questions

1. Can a foreign spouse receive poverty maintenance in Turkey?

Yes, nationality is not a bar. The governing law must first be determined under MÖHUK Article 14(2); if Turkish law applies, Article 175 conditions control.

2. Does the claimant have to be completely unemployed?

No. The question is whether the claimant will fall into poverty because of divorce, assessed from the complete financial circumstances.

3. Must the paying spouse be at fault?

No. Article 175 expressly states that the payer’s fault is not required.

4. Can the claimant be at fault?

Yes, but the claimant’s fault must not be more serious than the other spouse’s.

5. Is there a fixed formula for the monthly amount?

No. The court evaluates need and the payer’s financial capacity from the evidence.

6. Is maintenance automatically limited to a few years?

No. Article 175 permits an indefinite periodic claim when conditions are met, and the Court of Cassation’s 3 February 2026 decision confirms that a judge cannot add an unsupported fixed term merely because a marriage was short.

7. When does periodic maintenance end automatically?

On the recipient’s remarriage or the death of either party, under Article 176.

8. Can the amount be changed later?

Yes. Article 176 permits increase or reduction where financial circumstances change or fairness requires it.

9. Is there a deadline for filing a separate claim after divorce?

Article 178 provides a one-year limitation period from finalisation of the divorce judgment for rights arising from termination of marriage by divorce.

10. What if the maintenance payer lives abroad?

The Turkish claim can still be decided where jurisdiction exists, but enforcement abroad depends on the payer’s country, available treaties and recognition/enforcement rules.