Maintenance is an important legal mechanism intended to protect the economic position of spouses and children during and after divorce proceedings. The Turkish Civil Code regulates several forms of maintenance, each subject to different conditions.
Interim maintenance (tedbir nafakası) may be awarded while divorce proceedings are pending to meet the needs of a spouse or children. It is temporary and generally continues until the relevant interim order is replaced or the proceedings are concluded.
Child maintenance (iştirak nafakası) is paid by the parent who does not have custody as a contribution to the child’s care, education, health and general living expenses. The child’s best interests, needs and the parents’ financial means are central to the assessment.
Post-divorce maintenance for a spouse (yoksulluk nafakası) may be awarded to a party who would fall into poverty as a result of the divorce, provided that the requesting party is not more at fault than the other party. The statutory conditions must be considered in each case.
When determining the amount, the court may consider the parties’ income and assets, living conditions, dependants, the child’s needs where relevant, and other circumstances established by the evidence.
Maintenance orders may later be reviewed where the parties’ circumstances materially change. Proceedings for an increase, reduction or termination are subject to their own evidentiary and procedural requirements.
Each family-law matter is fact-specific. The type of relief requested, the timing of the request and the supporting evidence may materially affect the outcome.
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