Action to Increase Alimony: Conditions, Reduction and Grounds for Termination

Alimony set in a divorce judgment or in a separate case may, over the years, no longer meet the need; conversely, the paying party’s income may fall or the recipient’s poverty may come to an end. The action to increase alimony (nafaka artırım davası) is the way to bring this change before the court. The same statutory provisions also give the person liable to pay the possibility of filing an action for reduction or termination. In this guide we deal with all three actions together, with their conditions and practical consequences.

For the types of alimony (interim, spousal, child and support maintenance) and how it is first determined, see our guide to the types of alimony and how it is calculated. This article focuses on changing alimony that has already been set.

The legal basis of the action to increase alimony #

For spousal maintenance (yoksulluk nafakası), Turkish Civil Code (Türk Medeni Kanunu, TMK) art. 176/4 provides that where the parties’ financial circumstances change or fairness so requires, the periodic payment may be increased or reduced. For child maintenance (iştirak nafakası) paid for a child, TMK art. 331 applies: if circumstances change, the judge, on application, sets the amount of maintenance anew or ends it. Support maintenance between relatives (yardım nafakası, TMK art. 364) may likewise be reassessed when circumstances change.

The conclusion drawn from these provisions is clear: even if an alimony decision is “res judicata”, it is a decision that can be revisited in the face of circumstances that change later. The action to increase alimony is therefore not a claim to a new right but a request to adapt existing alimony to current circumstances.

Under what conditions is an action to increase alimony filed? #

In practice the following elements are required in an action to increase alimony:

• An alimony decision currently in force: Alimony awarded in the divorce judgment, in the decision approving an uncontested divorce protocol or in a stand-alone alimony case. If no alimony was ever awarded, this is not an increase but a new claim for alimony, and for claims arising from divorce the one-year period in TMK art. 178 must be borne in mind.
• A change in circumstances: After the date of the earlier decision, an increase in the recipient’s needs (the child starting school, health costs, a rent increase) or a rise in the income of the person liable.
• A fall in the purchasing power of money: In a period of high inflation, even if nothing else has changed in the parties’ situation, the erosion of the alimony’s purchasing power is in itself treated as a ground for an increase.
• Fairness: The judge takes care that the increased amount does not exceed the paying capacity of the person liable and that a fair balance is struck between the parties.

The action to increase alimony is not subject to a specific time limit; it can be filed for as long as the alimony obligation continues. On the other hand, as a rule the increase takes effect from the date the case is filed; a retrospective increase for past years cannot be claimed. For this reason, waiting by a party who thinks the alimony has become insufficient in effect works against that party.

By what standard is alimony increased? ÜFE, TÜFE and change of circumstances #

The law contains no percentage or formula for the increase. Courts assess two standards together:

1. The index standard #

Even if no marked change in the parties’ financial situation can be proven, for the period since the last increase or the decision date the annual rate of change of the producer price index (ÜFE) or consumer price index (TÜFE) announced by the Turkish Statistical Institute (TÜİK) is taken in practice as the minimum measure of the increase. Which index, or the average of the two, is applied may vary according to the claim and the specific file; it should not be seen as a fixed, single rule.

2. The fairness and change-of-circumstances standard #

If the recipient’s needs or the liable person’s income have changed beyond the index, the judge is not obliged to limit the increase to the index rate. For example, if the person liable has moved to a better-paid job or the child has entered a period requiring special education, the court can set a new amount based on income documents and an investigation of the social and economic situation. Conversely, if the liable person’s income has fallen, no increase may be made even at the index rate.

If the judgment specifies an annual increase #

TMK art. 176/5 and art. 330/3 provide that, on application, the judge may decide how much alimony will be paid in future years. If the judgment contains a provision such as “to be increased every year at the ÜFE rate”, the increase is calculated automatically at the enforcement office; there is no need to file a case every year. However, if the index increase does not meet the need or one party’s circumstances have changed fundamentally, this provision is not regarded as a bar to filing a separate action to increase alimony.

A fictional calculation example #

Suppose that a year ago child maintenance of 6.000 TL a month was awarded and the judgment provided for no annual increase. The mother files a case documenting that the child’s school and school-bus costs have risen. The court first takes the index rate into account (in this example, hypothetically, %30): 6.000 × 1,30 = 7.800 TL. It may then, assessing the rise in the father’s income and the child’s documented expenses, set the amount above this minimum measure and establish an annual increase provision for future years. The figures only illustrate the method; the actual rate and amount are determined by the official data on the filing date and by the file.

Grounds for reducing and ending alimony #

The same principle of change also works for the person liable to pay. TMK art. 176/3 lists, in two groups, the cases in which material compensation paid as a periodic payment and spousal maintenance come to an end:

Table of grounds for termination #

Child maintenance, on the other hand, is the child’s right; as a rule it ends when the child comes of age. Custody passing to the parent paying maintenance, or the child actually starting to live with that parent, is a ground for ending or resetting it under TMK art. 331.

The consequence of stopping payment on your own #

The most common mistake in practice is for the person liable, in a situation they believe to be a ground for termination, to stop paying on their own initiative. Grounds other than remarriage and death take effect only by court decision. Months left unpaid until a decision is given may be the subject of enforcement proceedings and a complaint seeking coercive imprisonment. The correct course is to keep paying while filing an action for termination or reduction.

The child actually beginning to live with the other parent affects both child support and custody; for the route to follow in that case, see our article on the action for change of custody.

The debate on indefinite alimony: what changed in 2026? #

TMK art. 175 provides that a party who would fall into poverty because of the divorce, and whose fault is not heavier, may claim alimony “indefinitely” from the other in proportion to that party’s financial means. This wording had long been debated. The objection application of the Antalya 12th Family Court (E.2025/156) was on the agenda of the Plenary of the Constitutional Court (Anayasa Mahkemesi) of 4 June 2026; according to information reported publicly, the Court annulled the wording “indefinitely” and decided that the annulment would take effect nine months after publication of the decision in the Official Gazette (Resmî Gazete).

The present effect of the Constitutional Court ruling #

As of the publication date of this article, the points to know are these:

• The reasoned decision has not yet been published in the Official Gazette. The date on which the annulment takes effect will be determined by the publication date. Until then, TMK art. 175 applies in its current form.
• The 12th Judicial Package did not change alimony. Law No. 7589, published in the Official Gazette of 31 July 2026, amended the Turkish Civil Code only in art. 440 and art. 444, concerning the sale of property of persons under guardianship. It contains no provision touching TMK art. 175, 176 or 177.
• The new regulation has not yet become law. The Ministry of Justice announced that a time-limited alimony model will be dealt with in the next judicial package; criteria such as the length of the marriage and the parties’ financial situation are under discussion. The periods mentioned in drafts are not binding.
• Existing alimony does not end automatically. As a rule, annulment decisions of the Constitutional Court do not apply retrospectively. How final spousal maintenance decisions will be treated under the new regulation depends on the transitional provisions of the law to be enacted.

Practical conclusion for the payer #

The practical consequence is this: a person paying alimony today should not stop paying on the strength of the Constitutional Court decision alone. If one of the grounds for termination or reduction in TMK art. 176 exists, a case based on that ground can be filed; once the legislation is enacted, the position of the file is reassessed.

Competent court and court with territorial jurisdiction #

Actions to increase, reduce and end alimony are heard by the family court (aile mahkemesi), and where there is no family court, by the civil court of first instance (asliye hukuk mahkemesi) acting as a family court. As to territorial jurisdiction, TMK art. 177 gives jurisdiction for alimony cases filed after divorce to the court of the alimony recipient’s place of residence. Since this is not framed as exclusive jurisdiction, under the general jurisdiction rule a case filed at the defendant’s place of residence also proceeds if no objection to jurisdiction is raised in time. In Istanbul, if one party lives in Bakırköy and the other on the Anatolian side, which courthouse to choose should be planned according to these rules.

Alimony cases are subject to the simplified procedure (HMK art. 316) and are also heard during the judicial recess (HMK art. 103). They are not within the scope of mandatory mediation. Under the provision added to HMK art. 147 by Law No. 7589, the interval between hearings cannot exceed three months, except in compelling cases such as an expert examination or taking evidence by letter of request (istinabe); this rule has applied since 31 July 2026.

If you live in Istanbul the case is heard by the family court of the courthouse to which your place of residence belongs. You can find which district belongs to which courthouse on our Istanbul district pages.

The action to increase alimony step by step #

1. Identify the judgment and the latest amount: The finalised copy of the alimony judgment, whether it contains an annual increase provision and the amount currently being paid are established.
2. Document the change: School, rent and health bills, and information about the other party’s new job, company shareholdings or assets are gathered.
3. Prepare the petition: The new amount requested, the grounds for the increase, a request for an index increase in future years and the evidence are set out clearly in the petition.
4. Pay the court fee and the advance on costs: The case is filed at the competent family court through UYAP or at the case allocation office (tevzi bürosu).
5. Investigation stage: The court sends letters (müzekkere) for Social Security Institution (SGK), land registry, vehicle registration and bank records; the parties’ social and economic situation is investigated through law enforcement.
6. Hearing and decision: If witnesses need to be heard, they are heard, and then the new amount of alimony and, where applicable, the annual increase rate are decided.
7. Legal remedies and enforcement: An appeal to the regional court (istinaf) can be lodged against the decision. An appeal to the regional court or to the Court of Cassation does not stop enforcement; in alimony decisions, a stay of enforcement cannot be ordered (HMK art. 350, art. 367; İİK art. 36).

Unpaid alimony: enforcement proceedings and limitation #

An alimony decision has the nature of a court judgment; for unpaid months, enforcement based on a judgment (ilamlı icra takibi) is started directly and an enforcement order (icra emri) is sent to the debtor. In the proceedings, both the accumulated months and the monthly alimony falling due in the future can be claimed. There are certain privileges in collecting alimony:

• A creditor relying on an alimony judgment may, without waiting for further enforcement steps, share in the same rank in an attachment made by other creditors (İİK art. 100).
• In salary attachment, alimony claims are given priority in practice; for the general rules on deductions from salaries and wages, see our salary attachment guide.
• In bankruptcy, alimony claims accrued within the last year before bankruptcy rank first (İİK art. 206).

Limitation: Under İİK art. 39, enforcement based on a judgment becomes time-barred when ten years have passed since the last step. In practice, accumulated alimony claims based on a judgment are also treated as subject to the ten-year period. Even so, waiting a long time increases the risk of the debtor disposing of their assets. You can see the time limits in your own file as a preliminary assessment with the time limit and limitation check tool.

Complaint if alimony is not paid: İİK art. 344 and coercive imprisonment #

If alimony is not paid despite enforcement proceedings, the creditor may file a complaint with the enforcement court under İİK art. 344. A debtor who fails to comply with decisions concerning alimony is ordered to coercive imprisonment (tazyik hapsi) of up to three months. This is not a punishment but a means of compelling payment: if the decision is complied with after the imprisonment has begun, the debtor is released.

• Complaint period: Three months from the date the act was learned of, and in any event one year from the date the act was committed (İİK art. 347).
• Competent court: The enforcement court at the place where the enforcement proceedings are conducted (İİK art. 348).
• The minimum wage exception does not apply: Coercive imprisonment is not applied in proceedings where the amount of the claim is below the minimum wage; however, this exception does not cover alimony claims (İİK art. 354).
• Payment of the debt or waiver: If the complaint is withdrawn or the debt is paid, the case and all its consequences fall away; if the coercive imprisonment order is not carried out within two years of becoming final, it can no longer be enforced.
• If an action for termination has been filed: If the debtor has filed a case to end or reduce alimony, the court may, taking account of the grounds put forward, defer the enforcement of coercive imprisonment until the end of that case (İİK art. 344/2).

The last point matters for the person liable to pay alimony: rather than stopping payment and waiting, filing a reasoned action for termination or reduction both reduces the legal risk and gives the opportunity to explain the situation to the court.

Common mistakes in actions to increase, reduce and end alimony #

• Filing late: Because the increase runs from the filing date, every month that passes is a loss for the recipient.
• A claim without evidence: Saying “the cost of living has gone up” is not enough; expense documents and concrete information about the other party’s income must be submitted.
• Stopping payment on one’s own initiative: Even if a ground for termination is believed to exist, if payment is stopped before a decision is given, enforcement proceedings and coercive imprisonment come into play.
• Paying in cash: Payments should be made through a bank, with the relevant month written in the description.
• Hiding income: In an action for reduction, if unregistered income or a transfer of assets comes to light, the claim may be dismissed.

Alimony disputes often run intertwined with custody, personal contact and division of property issues. For the divorce process as a whole, see our guide to the contested divorce case, for all topics in family law our family and divorce law page, and to have your file assessed you can reach us through the contact page.

Brief summary #

1. Alimony can be increased or reduced when the parties’ financial circumstances change or fairness so requires (TMK art. 176/4, art. 331).
2. In an increase, the ÜFE/TÜFE rate is taken into account as the minimum measure; if needs and income have changed, the amount can go above this rate. The increase runs from the filing date.
3. Alimony ends automatically on remarriage and death; living as if married, the end of poverty and a dishonourable life require a court decision.
4. The Constitutional Court’s decision on the wording “indefinitely” has not yet been published in the Official Gazette; Law No. 7589 made no change to alimony.
5. The cases are heard by the family court; under TMK art. 177, the court of the alimony recipient’s place of residence has jurisdiction.
6. For unpaid alimony, enforcement based on a judgment is pursued; if it is still not paid, coercive imprisonment of up to three months can be sought by a complaint within three months (and in any event one year).