How the amount of maintenance is determined: income, expenses and the child's needs
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This article explains how the amount of maintenance is determined with reference to the Turkish Civil Code (TMK) and decisions of the Court of Cassation. The law does not provide for a specific percentage of the salary. Post-divorce maintenance (yoksulluk nafakası, maintenance for the spouse who would fall into poverty because of the divorce) is determined in proportion to the financial means of the person liable (TMK Art. 175), and child support (iştirak nafakası, the contribution of the parent without custody to the child's expenses) having regard to the child's needs and to the living conditions and ability to pay of the mother and father (TMK Art. 330/1); the judge exercises their discretion in accordance with equity (TMK Art. 4). The Civil General Assembly of the Court of Cassation has stated that post-divorce maintenance cannot enrich the creditor and that the ability of the person liable to pay is also a requirement. In a divorce by mutual consent, the judge reviews the maintenance in the protocol (TMK Art. 166/3); maintenance may be determined anew when circumstances change (TMK Art. 176/4, Art. 331).

This summary is provided for general information purposes. Specific legal matters require individual assessment.

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How Is the Amount of Maintenance Determined? Percentage and Criteria | Adana YBS Law Office

12 min read Lawyer Yakup Buğrahan SEVDİ

Direct Answer How Is the Amount of Maintenance Determined? Percentage and Criteria

The amount of maintenance is not set out in the law as a fixed sum or as a percentage of the salary. In post-divorce maintenance, the financial means of the person liable are taken as the basis, and in child support, the child's needs and the living conditions and ability to pay of the mother and father; the judge exercises their discretion according to the measure of equity in TMK Art. 4.

The amount of maintenance is not set out in the law as a fixed sum or as a specific percentage of the salary. The judge applies the criteria laid down by the law according to the type of maintenance: in post-divorce maintenance, the financial means of the person liable are taken as the basis, and in child support, the child's needs and the living conditions and ability to pay of the mother and father; the assessment is made according to the measure of equity in Article 4 of the Turkish Civil Code.

The guide explains what the amount of maintenance is based on by distinguishing between the types of maintenance; with reference to decisions of the Civil General Assembly of the Court of Cassation and the 2nd Civil Chamber of the Court of Cassation, it sets out the statutory answer to the question "what percentage is maintenance", the factors the judge considers in post-divorce maintenance and child support, the social and economic inquiry, the review of the maintenance in the protocol in a divorce by mutual consent, and the difference between compensation and maintenance. A separate calculation tool is available for calculating the amount.

What Determines the Amount of Maintenance?

The answer to the question of what determines the amount of maintenance depends on which maintenance is being claimed. Interim maintenance (tedbir nafakası, maintenance ordered while the proceedings continue), awarded for the duration of the divorce action; post-divorce maintenance (yoksulluk nafakası), awarded to a spouse after the divorce; child support (iştirak nafakası), paid for the child; and family support maintenance (yardım nafakası, maintenance owed between relatives) are regulated in different articles, and the criterion for the amount of each is set out in its own article.

Type of maintenanceTo whom it is awardedCriterion for the amountLegal basis
Interim maintenanceTo the spouse and the child for the duration of the proceedingsAn interim measure necessary for the accommodation and subsistence of the spousesTMK Art. 169
Post-divorce maintenanceTo the spouse who would fall into poverty because of the divorceIn proportion to the financial means of the person liable, for subsistenceTMK Art. 175
Child supportTo the child, through the spouse who has been granted custodyThe child's needs, the living conditions and ability to pay of the mother and father, the child's incomeTMK Art. 182/3, Art. 330
Family support maintenanceTo an ascendant, descendant or sibling who would fall into povertyAssistance necessary for the claimant's subsistence and commensurate with the financial means of the person liableTMK Art. 364, Art. 365

What the criteria in the table have in common is that they are two-sided: on one side stands the need of the person claiming maintenance, on the other the means of the person who is to pay. The law does not give the judge a formula; instead, it grants discretion and shows in a general provision how this discretion is to be exercised.

Turkish Civil Code (TMK) No. 4721, Art. 4

"Kanunun takdir yetkisi tanıdığı veya durumun gereklerini ya da haklı sebepleri göz önünde tutmayı emrettiği konularda hakim, hukuka ve hakkaniyete göre karar verir."
"In matters where the law grants discretion or orders that the requirements of the situation or just causes be taken into account, the judge decides in accordance with law and equity." (Unofficial translation)

In most files, the question of how maintenance is determined in divorce is answered by applying this article. The judge weighs together the parties' income, expenses, standard of living and the particular circumstances in the file; that two files with the same income result in different amounts of maintenance is the natural consequence of discretion being exercised according to the specific case.

What Percentage Is Maintenance? Is There a Specific Proportion of the Salary?

The statutory answer to the question of what percentage maintenance is, or what percentage of the salary maintenance is, is that no such rate exists. In post-divorce maintenance the Turkish Civil Code uses the expression "mali gücü oranında" "in proportion to their financial means" (unofficial translation), and in child support the expressions "gücü oranında" "in proportion to their means" and "ödeme güçleri dikkate alınarak" "having regard to their ability to pay" (unofficial translation); these expressions are not a percentage but a measure of proportionality.

The percentages circulating in practice are observations obtained by dividing the amounts awarded in particular files by the salary, and they do not bind the judge. If one of two persons liable who earn the same salary has other children they are obliged to support, rent expenses or medical costs, the amount of maintenance is determined differently. The Civil General Assembly of the Court of Cassation drew the limits of post-divorce maintenance in the following words:

Civil General Assembly of the Court of Cassation, 23.11.2021, E. 2018/124, K. 2021/1490 (decision of insistence, direnme kararı, upheld; by majority)

"Yoksulluk nafakasıyla, boşanma sonucunda yoksulluk içine düşen eşin asgari yaşam gereksinimlerinin karşılanması düşünüldüğünden, yoksulluk nafakasının amacı hiçbir zaman nafaka alacaklısını zenginleştirmek olamaz. Yoksulluk nafakasına hükmedilebilmesi için nafaka talep eden eşin boşanma nedeniyle yoksulluğa düşecek olmasının yanı sıra, nafaka talep edilen eşin de nafaka ödeyebilecek ekonomik gücünün bulunması gerekmektedir. Bu açıdan bakıldığında, yoksulluk nafakasının sosyal ve ahlaki düşüncelere dayanması özelliği, sadece nafaka talep eden tarafa nafaka verilmesinde değil, aynı zamanda nafaka talep edilen tarafın nafaka ödeyebilecek ekonomik gücünün bulunması koşulunda da kendisini göstermektedir. Dolayısıyla boşanmadan sonra yoksulluğa düşecek olan tarafı koruma amacını taşıyan yoksulluk nafakası, hiçbir surette nafaka yükümlüsüne yükletilen bir ceza veya tazminat niteliğinde olmamalıdır."

Unofficial translation

"Since post-divorce maintenance is intended to meet the minimum living needs of the spouse who falls into poverty as a result of the divorce, the purpose of post-divorce maintenance can never be to enrich the maintenance creditor. In order for post-divorce maintenance to be awarded, in addition to the spouse claiming maintenance being about to fall into poverty because of the divorce, the spouse from whom maintenance is claimed must also have the economic means to pay maintenance. Seen from this perspective, the feature of post-divorce maintenance of being based on social and moral considerations manifests itself not only in the award of maintenance to the party claiming it, but also in the condition that the party from whom maintenance is claimed has the economic means to pay maintenance. Consequently, post-divorce maintenance, which is intended to protect the party who will fall into poverty after the divorce, should in no way be in the nature of a penalty or compensation imposed on the person liable for maintenance."

Full text of the decision

This finding of the General Assembly sets two limits. Maintenance cannot rise to a level that would enrich the creditor; nor can it be imposed on a person liable who has no ability to pay. In finding the amounts of maintenance appropriate, the decision took into account together the records of the inquiry into financial and social circumstances, witness statements and the parties' statements, as well as the economic conditions of the day and the principle of proportionality. The decision also records that it was given by majority and that, during the deliberations, a view was put forward that the amounts were excessive because the income of the person liable could not be established, and that this view was not adopted by the majority of the General Assembly.

Those who wish to see an approximate amount for a particular income may use the maintenance calculation tool; the result of the tool does not bind the court either, and only gives a starting idea.

How Is the Amount of Post-Divorce Maintenance Determined?

The amount of post-divorce maintenance is determined by comparing the amount required for the subsistence of the spouse claiming maintenance with the financial means of the person liable for maintenance. The law expressly states that maintenance is to be claimed in proportion to the financial means of the person liable; fault, on the other hand, is a condition not of the amount but of the right to maintenance.

Turkish Civil Code (TMK) No. 4721, Art. 175

"Boşanma yüzünden yoksulluğa düşecek taraf, kusuru daha ağır olmamak koşuluyla geçimi için diğer taraftan mali gücü oranında süresiz olarak nafaka isteyebilir. Nafaka yükümlüsünün kusuru aranmaz."
"The party who would fall into poverty as a result of the divorce may, provided that their fault is not greater, claim maintenance for an indefinite period from the other party for their subsistence, in proportion to the other party's financial means. Fault on the part of the person liable for maintenance is not required." (Unofficial translation)

The phrase "süresiz olarak" "for an indefinite period" (unofficial translation) in the article was annulled by the Constitutional Court's decision dated 04.06.2026, and the annulment will enter into force on 30.06.2027; the details are in the indefinite maintenance article. The expression "mali gücü oranında" "in proportion to their financial means" (unofficial translation), which is the criterion for the amount, is not within the scope of the annulment.

The condition of poverty is met if the spouse claiming post-divorce maintenance has no income or if their income is insufficient for their subsistence. In its decision dated 09.06.2026, the 2nd Civil Chamber of the Court of Cassation assessed whether the conditions for maintenance were met on the basis of the following facts:

2nd Civil Chamber of the Court of Cassation, 09.06.2026, E. 2026/523, K. 2026/6286 (reversal as regards fault, compensation and post-divorce maintenance; unanimous)

"Toplanan delillerden; kadının sürekli ve düzenli bir işi ve gelirinin olmadığı, evlilik birliğinin sarsılmasında ağır veya tamamen kusurlu olmadığı, bu haliyle yararına yoksulluk nafakasına hükmedilme koşulları oluştuğu anlaşılmaktadır."

Unofficial translation

"It is understood from the evidence gathered that the woman has no permanent and regular job or income, that she is not seriously or wholly at fault in the breakdown of the union of marriage, and that, in these circumstances, the conditions for awarding post-divorce maintenance in her favour are met."

Full text of the decision

In the same decision, the Chamber accepted that the parties were equally at fault and stated that post-divorce maintenance of an appropriate amount should be awarded, also taking into account the principle of equity. The expression "uygun miktar" "appropriate amount" (unofficial translation) shows that the amount is to be determined according to the balance of income and expenses in the specific file.

The degree of poverty also affects the amount. According to the decision of the Civil General Assembly quoted above, post-divorce maintenance aims to meet the minimum living needs of the spouse who has fallen into poverty. Poverty is not limited to the complete absence of income; poverty may also be spoken of if the income of the spouse claiming maintenance does not meet their minimum living needs. In both cases, the upper limit of maintenance is set by the financial means of the person liable.

Can post-divorce maintenance be paid as a lump sum?

Post-divorce maintenance may also be paid in a single lump sum instead of as a monthly periodic payment (TMK Art. 176/1). In a lump-sum payment, the amount is determined by a calculation different from that of monthly maintenance; in its decision dated 29.06.2026, the 2nd Civil Chamber of the Court of Cassation listed the factors to be taken into account in this calculation:

2nd Civil Chamber of the Court of Cassation, 29.06.2026, E. 2026/734, K. 2026/7297 (reversal as regards post-divorce maintenance; unanimous)

"Somut olayda tarafların ekonomik ve sosyal durumları, evliliğin süresi, kadının yaşı, çalışmaya engel halinin olmaması, yeniden evlenebilme şansı ile hakkaniyet ilkesi gereğince kadın yararına bir defaya mahsus olmak üzere "toptan yoksulluk nafakası" verilmesi hususu da göz önüne alınarak bir karar verilmesi gerekirken, kadının yoksulluk nafakası talebinin reddi doğru görülmemiş, bozmayı gerektirmiştir."

Unofficial translation

"While a decision should have been given taking into account, in the specific case, the economic and social circumstances of the parties, the duration of the marriage, the woman's age, the absence of any impediment to her working, her chance of remarrying and, in accordance with the principle of equity, also the matter of awarding 'lump-sum post-divorce maintenance' in favour of the woman on a one-off basis, the dismissal of the woman's claim for post-divorce maintenance was not found to be correct and required reversal."

Full text of the decision

The duration of the marriage, age, ability to work and the likelihood of remarrying listed in the decision directly affect the level of the lump sum. The Chamber did not make lump-sum maintenance mandatory; it asked the first instance court to consider this option as well.

How Is the Amount of Maintenance for a Child Determined?

The amount of child support paid for a child is determined having regard to the child's needs and to the living conditions and ability to pay of the mother and father; the child's own income is also taken into account. The spouse who has not been granted custody contributes to the child's care and education expenses in proportion to their means.

Turkish Civil Code (TMK) No. 4721, Art. 330/1 and Art. 182/3

"Nafaka miktarı, çocuğun ihtiyaçları ile ana ve babanın hayat koşulları ve ödeme güçleri dikkate alınarak belirlenir. Nafaka miktarının belirlenmesinde çocuğun gelirleri de göz önünde bulundurulur."
"The amount of maintenance is determined having regard to the child's needs and to the living conditions and ability to pay of the mother and father. The child's income is also taken into account in determining the amount of maintenance." (Unofficial translation)

"Velayetin kullanılması kendisine verilmeyen eşin çocuk ile kişisel ilişkisinin düzenlenmesinde, çocuğun özellikle sağlık, eğitim ve ahlak bakımından yararları esas tutulur. Bu eş, çocuğun bakım ve eğitim giderlerine gücü oranında katılmak zorundadır."
"In arranging the personal relations with the child of the spouse to whom the exercise of custody has not been granted, the interests of the child, particularly in terms of health, education and morals, are taken as the basis. This spouse is obliged to contribute to the child's care and education expenses in proportion to their means." (Unofficial translation)

The child's needs vary according to their age, schooling and health. The care expenses of a pre-school child and the education expenses of a young person preparing for the university entrance examination are not the same; for this reason, the judge assesses separately the school, course, health and accommodation expenses in the file. The expression "living conditions of the mother and father", for its part, ensures that the child is not cut off from the standard of living before the separation. The Civil General Assembly summarised the criteria for child support and its variability as follows:

Civil General Assembly of the Court of Cassation, 23.11.2021, E. 2018/124, K. 2021/1490 (decision of insistence, direnme kararı, upheld; by majority)

"TMK'nın 330. maddesine göre, iştirak nafakası çocuğun ihtiyaçları ile ana ve babanın hayat koşulları ve ödeme güçleri; diğer bir ifade ile tarafların ekonomik ve sosyal durumları gözetilerek belirlenir. Bunun yanında iştirak nafakası miktarının her zaman yeniden belirlenmesi de mümkündür."

Unofficial translation

"Under Article 330 of the TMK, child support is determined having regard to the child's needs and to the living conditions and ability to pay of the mother and father; in other words, having regard to the economic and social circumstances of the parties. In addition, it is always possible to determine the amount of child support anew."

Full text of the decision

In the same file, the General Assembly found the amount of child support appropriate, stating that it is a requirement of equity that the joint child maintain the standard of living required by the financial circumstances of both the mother and the father. It should not be forgotten that the parent who has been granted custody also contributes to the child's expenses; the law does not place the burden on one party alone but takes into account the means of both parents together.

The Amount in Interim Maintenance and Family Support Maintenance

Interim maintenance is one of the interim measures that the judge takes, once a divorce action is filed, for the accommodation and subsistence of the spouses and the care of the children for the duration of the proceedings (TMK Art. 169). Family support maintenance, by contrast, arises not between spouses but between ascendants, descendants and siblings who would fall into poverty (TMK Art. 364).

In interim maintenance, the judge sets a provisional amount on the basis of the statement of claim and the initial evidence; since the parties' incomes become clearer as the proceedings progress, this amount may be changed during the proceedings. When people speak of the amount of maintenance in a divorce action, they usually mean this provisional amount together with the post-divorce maintenance and child support determined in the divorce judgment. The answer to the question of how maintenance is determined in a divorce action is likewise given separately at these two stages: a provisional assessment is made during the proceedings and a permanent one at the judgment stage. In family support maintenance, on the other hand, the law states the criterion expressly:

Turkish Civil Code (TMK) No. 4721, Art. 365/2

"Dava, davacının geçinmesi için gerekli ve karşı tarafın mali gücüne uygun bir yardım isteminden ibarettir."
"The action consists of a claim for assistance necessary for the claimant's subsistence and commensurate with the financial means of the other party." (Unofficial translation)

The obligation of siblings to pay family support maintenance, on the other hand, depends on their being in prosperous circumstances (TMK Art. 364/2). In family support maintenance too, the criteria "geçinmesi için gerekli" "necessary for their subsistence" and "mali gücüne uygun" "commensurate with the financial means" (unofficial translation) are not a percentage but a balance struck between need and means.

On What Information Does the Judge Establish the Amount of Maintenance?

The judge establishes the amount of maintenance not by relying solely on the parties' statements, but through a social and economic inquiry, income documents and public records. In the decision of the Civil General Assembly referred to above, the records of the inquiry into financial and social circumstances, witness statements and the parties' statements were also assessed together.

  • Social and economic inquiry: the place where the parties live, their occupation, income, assets and the persons they are obliged to support are established through the law enforcement authorities.
  • Income documents: payslips, the SGK service record, tax records and letters from the workplace are requested.
  • Asset records: title deed records, vehicle and bank records give an idea of the level of income.
  • Expenses: the rental agreement, loan debts and health and education expenses are shown with documents.
  • The child's expenses: school, course, school transport, health and special care needs are documented separately.
  • Witness statements: the parties' standard of living and allegations of unregistered income may also be proved by witnesses.

Where the person liable works for the minimum wage or is unemployed, their ability to pay is low; maintenance may nevertheless be awarded, but the amount is determined so as not to exceed this ability. A party alleging unregistered income is expected to show this with concrete evidence; a mere allegation is not sufficient to increase the amount.

FactorEffect on the amountHow it is proved
Regular income of the person liableDetermines the ability to payPayslip, SGK record, tax record
Necessary expenses of the person liableReduces the ability to payRental agreement, loan and health documents
Persons the person liable is obliged to supportReduces the ability to payCivil registry record, records of a new marriage and of children
Income of the creditorDetermines the level of poverty and needSGK record, letter from the workplace
The child's needs and incomeDetermines the base of child supportSchool, health and care expenses
Standard of living during the marriageFalls within the criterion of the living conditions of the mother and fatherSocial and economic inquiry, witnesses

How Is the Amount of Maintenance Determined in a Divorce by Mutual Consent?

In a divorce by mutual consent, the amount of maintenance is first agreed by the parties in the protocol; however, unless the judge finds this arrangement appropriate, the judge cannot give a divorce judgment, and the judge may make changes to the protocol having regard to the interests of the parties and the children.

Turkish Civil Code (TMK) No. 4721, Art. 166/3

"Bu halde boşanma kararı verilebilmesi için, hakimin tarafları bizzat dinleyerek iradelerinin serbestçe açıklandığına kanaat getirmesi ve boşanmanın mali sonuçları ile çocukların durumu hususunda taraflarca kabul edilecek düzenlemeyi uygun bulması şarttır. Hakim, tarafların ve çocukların menfaatlerini göz önünde tutarak bu anlaşmada gerekli gördüğü değişiklikleri yapabilir."
"In this case, for a divorce judgment to be given, the judge must hear the parties in person and be satisfied that their will has been expressed freely, and must find appropriate the arrangement to be accepted by the parties concerning the financial consequences of the divorce and the situation of the children. The judge may, having regard to the interests of the parties and the children, make the amendments he or she deems necessary to this agreement." (Unofficial translation)

Although the amount of maintenance in a divorce by mutual consent is a sum determined by the parties at their own discretion, the judge is not obliged to approve the protocol as it stands where the maintenance provided for the child falls far short of meeting the child's needs. If the change made by the judge is accepted by the parties, divorce is ordered (TMK Art. 166/3). When the amount of maintenance is determined in a divorce by mutual consent, also writing a criterion for increase in the protocol reduces the need for a separate action for increase in the future. The preparation of the protocol and the course of the action are explained in the divorce by mutual consent action guide.

The Difference Between Compensation and the Amount of Maintenance in Divorce

Compensation and the amount of maintenance in divorce depend on different criteria. In compensation, fault is decisive; as stated in decision No. 2026/6286 of the 2nd Civil Chamber of the Court of Cassation, the person liable for compensation must be at fault and the claimant must be not at fault or less at fault, and compensation cannot be awarded in favour of a spouse who is equally at fault. In post-divorce maintenance, by contrast, fault on the part of the person liable is not required; it is sufficient that the claimant's fault is not greater.

SubjectPecuniary and non-pecuniary compensationPost-divorce maintenance
PurposeRedress for the damage suffered as a result of the divorceSubsistence of the spouse who would fall into poverty because of the divorce
Fault requirementThe person liable is at fault; the claimant is not at fault or less at faultFault on the part of the person liable is not required; the claimant's fault should not be greater
Criterion for the amountThe extent of the damage and the degree of faultNeed for subsistence and the financial means of the person liable
Method of paymentPecuniary compensation as a lump sum or as periodic payments; non-pecuniary compensation cannot take the form of periodic paymentsLump sum or periodic payments (TMK Art. 176/1)
Subsequent changePecuniary compensation in the form of periodic payments may be increased or reducedPeriodic payments may be increased, reduced or terminated (TMK Art. 176/3, 176/4)

Can the Amount of Maintenance Be Changed Later?

The amount of maintenance is not final and unchangeable. Where circumstances change, the judge, upon request, determines the amount of child support anew or terminates the maintenance (TMK Art. 331); in post-divorce maintenance in the form of periodic payments, an increase or reduction of the periodic payment may be ordered where the financial circumstances of the parties change or where equity so requires (TMK Art. 176/4).

If no criterion for increase is written in the court decision, a separate action must be filed to update maintenance in the face of inflation. Upon request, the judge may also determine in the divorce judgment the amount at which maintenance will be paid in future years according to the social and economic circumstances of the parties (TMK Art. 176/5, Art. 330/3); for this reason, it is important that the claim for increase be raised in the first action. The conditions of the action for increase and the calculation of the annual increase are addressed separately in the guide to the action for increase of maintenance and its calculation.

Common Mistakes Made When the Amount of Maintenance Is Determined

In most files, the amount of maintenance is affected not by a legal dispute but by missing documents or by a claim not raised in time. The mistakes frequently encountered in practice are as follows:

  • Not documenting expenses: if rent, school, health and care expenses are put forward without documents, they enter into the judge's assessment only as statements.
  • Not requesting that the other party's income records be obtained: if SGK, tax, title deed and vehicle records are not requested, the financial means of the person liable appear incomplete in the file.
  • Not raising the claim for increase in the first action: if the judgment contains no criterion for annual increase, it may be necessary to file a separate action to update maintenance.
  • Not taking the child's education stages into account in the protocol: the expenses of a child reaching school age increase; if the protocol is written only according to present needs, it soon becomes insufficient.
  • Discontinuing or reducing maintenance of one's own accord: a final maintenance decision changes only by a court decision; unpaid maintenance may be pursued through enforcement.

Legal Support on the Amount of Maintenance

What determines the amount of maintenance is the documents that enter the file rather than the claim in the petition. The party claiming maintenance should document the child's and their own expenses item by item and should request, in the statement of claim, that records showing the other party's income be obtained. The party who will pay maintenance, for their part, should show with documents their necessary expenses, the persons they are obliged to support and the fluctuation in their income. In a divorce by mutual consent, writing an annual criterion for increase in the protocol and taking the child's education stages into account reduces disputes that may arise later.

Av. Yakup Buğrahan SEVDİ | Adana Bar Association

For an assessment in files concerning a maintenance claim, the determination of the amount and an increase, you may reach our office via the Adana maintenance lawyer page. Building fault and maintenance claims together in contested files is explained in the contested divorce action guide.

Sources

Frequently Asked Questions About the Amount of Maintenance

How is the amount of maintenance determined?

The amount of maintenance is determined, according to the type of maintenance, by the criteria in the relevant article of the Turkish Civil Code. In post-divorce maintenance, the subsistence needs of the spouse claiming maintenance and the financial means of the person liable (TMK Art. 175), and in child support, the child's needs and the living conditions and ability to pay of the mother and father (TMK Art. 330/1) are taken as the basis. In applying these criteria, the judge exercises discretion in accordance with law and equity under TMK Art. 4.

What percentage is maintenance, and what percentage of the salary is awarded as maintenance?

No specific percentage of the salary is written in the law for maintenance. TMK Art. 175 uses the expression "mali gücü oranında" "in proportion to their financial means" (unofficial translation) in post-divorce maintenance, and TMK Art. 182/3 and Art. 330/1 use the expressions "gücü oranında" "in proportion to their means" and "ödeme güçleri dikkate alınarak" "having regard to their ability to pay" (unofficial translation) in child support. The rates circulating in practice are observations derived from the amounts awarded in particular files and do not bind the judge; the maintenance of two persons liable with the same income may be determined differently according to their expenses and the persons they are obliged to support.

Can maintenance be obtained from a spouse working for the minimum wage?

It can. The law does not lay down a minimum income requirement for maintenance; the criterion is the financial means of the person liable. Since the ability to pay of a person liable who works for the minimum wage is low, the judge determines the amount so as not to exceed this ability. In its decision dated 23.11.2021, E. 2018/124, K. 2021/1490, the Civil General Assembly of the Court of Cassation stated that, in order for post-divorce maintenance to be awarded, the spouse from whom maintenance is claimed must also have the economic means to pay maintenance.

How is the amount of child support determined?

The amount of child support paid for a child is determined having regard to the child's needs and to the living conditions and ability to pay of the mother and father; the child's own income is also taken into account (TMK Art. 330/1). The spouse who has not been granted custody contributes to the child's care and education expenses in proportion to their means (TMK Art. 182/3). The child's age, schooling, health expenses and standard of living before the separation directly affect the amount.

What determines the amount of post-divorce maintenance?

Post-divorce maintenance is determined for the subsistence of the spouse who would fall into poverty because of the divorce, in proportion to the financial means of the other party (TMK Art. 175). Fault is a condition of the right, not of the amount: the fault of the person claiming maintenance must not be greater, and fault on the part of the person liable is not required. The Civil General Assembly of the Court of Cassation emphasised that the purpose of post-divorce maintenance cannot be to enrich the creditor and that maintenance should not be in the nature of a penalty or compensation imposed on the person liable.

How is the amount of interim maintenance determined?

Interim maintenance is one of the interim measures that the judge takes of their own motion, once a divorce or separation action is filed, for the accommodation and subsistence of the spouses and the care of the children for the duration of the proceedings (TMK Art. 169). At the start of the action, the judge sets a provisional amount on the basis of the initial information in the file and the parties' statements. As the social and economic inquiry and income documents come into the file, the actual circumstances of the parties become clearer, and maintenance is reassessed in the divorce judgment.

Who determines the amount of maintenance in a divorce by mutual consent?

In a divorce by mutual consent, the amount of maintenance is first agreed by the parties in the protocol. However, under TMK Art. 166/3, it is a requirement that the judge find appropriate the arrangement concerning the financial consequences of the divorce and the situation of the children. The judge may, having regard to the interests of the parties and the children, make the changes the judge deems necessary to the protocol; if the change is accepted by the parties, divorce is ordered. Maintenance written for the child being disproportionate to the child's needs is the subject of this review.

Which documents does the judge examine when determining the amount of maintenance?

The judge does not rely solely on the parties' statements; the judge has a social and economic inquiry carried out and may have payslips, the SGK service record, tax records, title deed and vehicle records and bank information brought into the file. The rental agreement, loan debts and health and education expenses are also shown with documents. In decision 2021/1490 of the Civil General Assembly of the Court of Cassation, the records of the inquiry into financial and social circumstances, witness statements and the parties' statements were assessed together.

What is the difference between compensation and the amount of maintenance in divorce?

Compensation redresses the damage suffered as a result of the divorce and depends on fault; in its decision dated 09.06.2026, E. 2026/523, K. 2026/6286, the 2nd Civil Chamber of the Court of Cassation stated that the person liable for compensation must be at fault and the claimant must be not at fault or less at fault than the other, and that compensation cannot be awarded in favour of a spouse who is equally at fault. Post-divorce maintenance, on the other hand, is for subsistence; its amount is determined according to the financial means of the person liable, and fault on the part of the person liable is not required.

Can the amount of maintenance be increased or reduced later?

Yes. In child support, where circumstances change, the judge, upon request, determines the amount of maintenance anew or terminates the maintenance (TMK Art. 331). In post-divorce maintenance in the form of periodic payments, an increase or reduction of the periodic payment may be ordered where the financial circumstances of the parties change or where equity so requires (TMK Art. 176/4). The change does not happen automatically; an action must be filed and the change in circumstances must be proved.

Can an annual increase in maintenance be determined in the divorce judgment?

It can. Upon request, the judge may decide the amount at which maintenance payable in the form of periodic payments will be paid in future years according to the social and economic circumstances of the parties (TMK Art. 176/5 and Art. 330/3). If the claim for increase is not raised in the first action and the judgment contains no criterion for increase, it may be necessary to file a separate action for increase of maintenance in order to update maintenance. For this reason, it is important that the request for increase be stated clearly in the petition.

Is the court bound by the result of the maintenance calculation tool?

It does not. The maintenance calculation tool gives an approximate starting idea based on the income and expense information entered. The court, however, decides according to the measure of equity in TMK Art. 4, assessing together the social and economic inquiry in the file, income documents, witness statements and the particular circumstances of the parties. The result of the tool should be used to see the reasonable limit of the amount to be claimed when a litigation strategy is being built, and should not be read as a definitive result.

Our client Elif S. asked: My spouse is understating their salary; how can I prove their real income?

Income is not limited to the payslip alone. In the statement of claim, it may be requested that your spouse's SGK records, tax records, title deed and vehicle records and, if necessary, bank account transactions be obtained; the social and economic inquiry carried out through the law enforcement authorities also reveals the standard of living. An allegation of unregistered income should be supported by witness statements and concrete documents. In the decision of the Civil General Assembly, even though the income could not be established, the witnesses and the inquiry records were assessed together.

Our client Murat Y. asked: I have remarried and had another child; will the maintenance I pay for the child from my first marriage be reduced?

It does not decrease automatically. An increase in the number of persons you are obliged to support is a change in circumstances affecting your ability to pay, and you may request that maintenance be determined anew on the basis of TMK Art. 331. However, the judge does not look only at your expenses; the judge also takes into account the child's needs, which increase with age, and the means of the other parent. Payment of the maintenance in the existing decision should continue until the action is concluded; unpaid maintenance may be pursued through enforcement.

Our client Zeynep A. asked: We wrote a low amount of maintenance for the child in the protocol for divorce by mutual consent; will the judge accept this?

The judge is not obliged to approve the protocol as it stands. Under TMK Art. 166/3, the judge may, having regard to the interests of the children, make the changes the judge deems necessary to the agreement, and divorce is granted only if the parties accept this change. If the child's school, health and care expenses and the two parents' income are clearly disproportionate to the amount in the protocol, it is likely that a change will be proposed at the hearing. Writing an annual criterion for increase in the protocol also reduces subsequent disputes.

Our client Burak T. asked: In the divorce action my spouse is claiming a high amount of maintenance, and my income varies from month to month; what should I do?

With variable income, what matters is not the earnings of a single month but the average over a reasonable period. You need to submit to the file your tax returns for recent periods, your account transactions and documents showing the seasonal nature of your work, and also to document your necessary expenses relating to rent, loans and the persons you are obliged to support. Maintenance is determined in proportion to your financial means; as emphasised by the Civil General Assembly, post-divorce maintenance is not a penalty imposed on the person liable.

Legal Notice

This article has been prepared for general information purposes and does not constitute legal advice. Although our articles are checked at regular intervals, the currency of our article cannot be assured in view of case law that changes every day. Each specific case should be assessed according to its own particular circumstances. You are advised to obtain professional legal assistance in order not to suffer a loss of rights.