Short answer: in Türkiye, child custody (velayet) and maintenance (nafaka) are decided by the family court (Aile Mahkemesi), including when one or both parents are foreign nationals. The law recognises four types of maintenance: interim, child, post-divorce spousal and family support. There is no fixed percentage; the judge sets the amount. In custody matters, the decisive test is the best interests of the child.
Last updated: 13 October 2026.
What types of maintenance exist under Turkish law?
Maintenance is governed by the Turkish Civil Code (TMK, Law No. 4721):
- Interim maintenance (tedbir nafakası) — Art. 169: once divorce or separation proceedings are filed, the judge of its own motion orders interim measures for the spouses' support and the children's care. During marriage, where spouses live apart for a justified reason, Art. 197 applies.
- Child maintenance (iştirak nafakası) — Art. 182: the parent without custody contributes to the child's care and education according to his or her means. Outside divorce, Arts. 327–330 apply.
- Post-divorce spousal maintenance (yoksulluk nafakası) — Art. 175: a spouse who would fall into poverty because of the divorce may claim it, provided his or her fault is not greater; the payer's fault is irrelevant. The current text sets no time limit.
- Family support (yardım nafakası) — Art. 364: owed to ascendants, descendants and siblings who would otherwise fall into need; siblings are liable only if they are well off.
| Type | Who can claim | When | Legal basis |
|---|---|---|---|
| Interim (tedbir) | A spouse, for him/herself and/or the children | From filing for divorce until the judgment becomes final | TMK Art. 169 (during marriage Art. 197) |
| Child (iştirak) | The parent caring for the child; a child capable of judgment | In the divorce judgment or a separate claim; until majority, longer if still in education | TMK Arts. 182, 327–330 |
| Spousal (yoksulluk) | A former spouse falling into poverty due to divorce | In or after divorce proceedings | TMK Arts. 175–177 |
| Family (yardım) | A needy ascendant, descendant or sibling | Whenever the need arises | TMK Arts. 364–365 |
How does the court set the amount?
The law sets no percentage or scale. For child maintenance, the court considers the child's needs, both parents' living conditions and ability to pay, and the child's own income; payments are made monthly in advance (Art. 330). Spousal maintenance is set according to the payer's financial capacity (Art. 175). On request, the judge may also determine how the amount will change in future years (Arts. 176, 182, 330). Foreign parties usually need apostilled and sworn-translated evidence of income and expenses abroad.
Can maintenance be increased, reduced or ended?
Yes. Spousal maintenance may be increased or reduced if the parties' finances change or fairness requires it (Art. 176). It ends automatically if the recipient remarries or either party dies, and by court order if the recipient cohabits as if married, is no longer in need, or leads a dishonourable life. Child maintenance is reassessed when circumstances change (Art. 331). After divorce, maintenance claims are heard where the recipient is domiciled (Art. 177).
What if maintenance is not paid?
A maintenance judgment is enforced through the enforcement office under the Enforcement and Bankruptcy Law (İİK, Law No. 2004). In addition, under Art. 344 İİK, a debtor who fails to comply with a maintenance order may, on the creditor's complaint, be subject to coercive detention of up to three months, ending as soon as the debt is paid; if the debtor has filed to reduce or end the maintenance, detention may be deferred until that case ends. The complaint must be made within three months of learning of the breach and in any event within one year (Art. 347). Türkiye has been a party to the 2007 Hague Child Support Convention since 1 February 2017; according to the HCCH status table at the date of update, Russia is not.
Who gets custody after divorce?
During marriage, parents exercise custody jointly; on divorce, custody belongs to the parent the child is entrusted to (Art. 336). The court, after hearing the parents where possible, decides on custody and contact (Art. 182). If the parents are not married, custody belongs to the mother (Art. 337). The guiding principle is the child's best interests; courts usually order a social investigation report and hear a child who is able to form views. Nationality alone is not decisive. In Court of Cassation (Yargıtay) case law, joint custody after divorce has been accepted where the parents agree and it serves the child, and foreign joint-custody judgments have been held not to violate Turkish public policy; each case is assessed individually.
The non-custodial parent is entitled to appropriate personal contact (Art. 323). Since the 2021 amendment (Law No. 7343), custody may be changed if the custodial parent does not comply with the contact arrangement, provided this is not against the child's interests (Arts. 182, 324).
What if a child is taken abroad?
The 1980 Hague Child Abduction Convention applies to children under 16. Türkiye has been a party since 1 August 2000; Russia acceded in 2011 (in force for Russia 1 October 2011), and Türkiye accepted Russia's accession on 24 May 2017, so the Convention has applied between them since 1 August 2017. The court decides on the child's return to the country of habitual residence, not on custody itself; acting within one year matters. In Türkiye the procedure follows Law No. 5717: the Ministry of Justice is the Central Authority and the family court hears the case. Both countries are also parties to the 1996 Hague Child Protection Convention (Türkiye from 1 February 2017, Russia from 1 June 2013).
Which law applies, and are foreign judgments recognised?
Under the Private International Law Act (MÖHUK, Law No. 5718), divorce, post-divorce maintenance between spouses and custody on divorce are governed by the spouses' common national law, failing that their common habitual residence, failing that Turkish law; interim measures follow Turkish law (Art. 14). Maintenance claims follow the law of the creditor's habitual residence (Art. 19), and international treaties take precedence (Art. 1). A foreign judgment is enforced in Türkiye only after an exequatur (tenfiz) decision (Arts. 50 ff.); recognition (tanıma) does not require reciprocity (Art. 58). See also: divorce and recognition for foreigners in Türkiye, marriage and divorce with a foreigner in Türkiye and divorcing a Turkish citizen.
Frequently asked questions
Is a settlement protocol enough in an uncontested divorce?
Only once the judge approves it (Art. 184); the judge checks the child's interests.
Until what age is child maintenance paid?
As a rule until majority; if the child is still in education, to a reasonable extent until it ends (Art. 328).
Does remarriage affect custody?
Not by itself; custody may be changed if the child's interests require it (Art. 349).
Which court handles cases in Alanya?
Divorce is filed where either spouse is domiciled or where they last lived together for six months (Art. 168); where there is no separate family court, the civil court of first instance acts as one.
How can a lawyer help?
By assessing the applicable law, preparing evidence and representing you in court or exequatur proceedings. See divorce and family lawyer in Alanya and lawyer in Antalya.
General information as of 13 October 2026; not individual legal advice. Check the current legislation on mevzuat.gov.tr and treaty status on hcch.net when you act.
Rufina Taştan Law Office — lawyer in Alanya: legal advice in English, Russian and Turkish.
