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 maintenance | To whom it is awarded | Criterion for the amount | Legal basis |
|---|---|---|---|
| Interim maintenance | To the spouse and the child for the duration of the proceedings | An interim measure necessary for the accommodation and subsistence of the spouses | TMK Art. 169 |
| Post-divorce maintenance | To the spouse who would fall into poverty because of the divorce | In proportion to the financial means of the person liable, for subsistence | TMK Art. 175 |
| Child support | To the child, through the spouse who has been granted custody | The child's needs, the living conditions and ability to pay of the mother and father, the child's income | TMK Art. 182/3, Art. 330 |
| Family support maintenance | To an ascendant, descendant or sibling who would fall into poverty | Assistance necessary for the claimant's subsistence and commensurate with the financial means of the person liable | TMK 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.
"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."
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.
"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."
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."
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.
"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."
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:
"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.
| Factor | Effect on the amount | How it is proved |
|---|---|---|
| Regular income of the person liable | Determines the ability to pay | Payslip, SGK record, tax record |
| Necessary expenses of the person liable | Reduces the ability to pay | Rental agreement, loan and health documents |
| Persons the person liable is obliged to support | Reduces the ability to pay | Civil registry record, records of a new marriage and of children |
| Income of the creditor | Determines the level of poverty and need | SGK record, letter from the workplace |
| The child's needs and income | Determines the base of child support | School, health and care expenses |
| Standard of living during the marriage | Falls within the criterion of the living conditions of the mother and father | Social 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.
"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.
| Subject | Pecuniary and non-pecuniary compensation | Post-divorce maintenance |
|---|---|---|
| Purpose | Redress for the damage suffered as a result of the divorce | Subsistence of the spouse who would fall into poverty because of the divorce |
| Fault requirement | The person liable is at fault; the claimant is not at fault or less at fault | Fault on the part of the person liable is not required; the claimant's fault should not be greater |
| Criterion for the amount | The extent of the damage and the degree of fault | Need for subsistence and the financial means of the person liable |
| Method of payment | Pecuniary compensation as a lump sum or as periodic payments; non-pecuniary compensation cannot take the form of periodic payments | Lump sum or periodic payments (TMK Art. 176/1) |
| Subsequent change | Pecuniary compensation in the form of periodic payments may be increased or reduced | Periodic 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.
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
- Turkish Civil Code (TMK) No. 4721, Art. 4, Art. 166, Art. 169, Art. 175, Art. 176, Art. 182, Art. 330, Art. 331, Art. 364, Art. 365 (mevzuat.gov.tr)
- Civil General Assembly of the Court of Cassation, 23.11.2021, E. 2018/124, K. 2021/1490
- Court of Cassation, 2nd Civil Chamber, 09.06.2026, E. 2026/523, K. 2026/6286
- Court of Cassation, 2nd Civil Chamber, 29.06.2026, E. 2026/734, K. 2026/7297
- Constitutional Court, 04.06.2026, E. 2025/156, K. 2026/131