Can a Foreign Spouse Claim Post-Divorce Maintenance in Türkiye?

Maintenance and Compensation

Prepared by: Constantinople

Foreign nationality does not, by itself, prevent a maintenance claim; the governing law and relevant international conventions are identified first. Where Turkish law applies, a spouse who will fall into poverty because of divorce may seek maintenance from the other spouse in proportion to their means, provided the claimant's fault is not greater. The paying spouse need not be at fault. Interim maintenance and child maintenance are separate claims.

The actual income and expense position matters. Housing, health, education, care burdens, employment opportunities and ability to pay are assessed through documents. Marriage to a high-income spouse does not automatically ensure indefinite funding of every previous expense at the same level. Where company or rental income is involved, its connection to the individual's income is specified. The parties' statements and documents must be consistent.

The Constitutional Court's decision dated 4 June 2026, case E.2025/156, decision K.2026/131, annulled the phrase 'for an indefinite period' in Article 175(1) TMK. The annulment will take effect on 30 June 2027. This does not mean that all maintenance automatically ends today or that a fixed period has been introduced for everyone. The legislation and transitional position at the application date are checked separately. In our initial assessment, we consider need, income, fault and existing judgments separately. Preparing a list of regular expenses and known income sources helps identify the claim's basis and missing documents.