This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Süresiz Nafaka Kalkıyor mu? Yürürlükteki Kural ve Tartışma.
Maintenance for a spouse in need is awarded “without a fixed end date” — which does not mean it can never change. It ends automatically if the recipient remarries or either party dies, and it is revoked by court order where the recipient's need has ceased, where they live as though married, or where they live a dishonourable life (Article 176 of the Civil Code).
The debate about open-ended maintenance resurfaces with every reform package, and meanwhile both payers and recipients make decisions without knowing what the rule actually is.
The clear statement first: at the date this article was prepared, no provision imposing a time limit on maintenance for a spouse in need was in force. But the word “open-ended” does not mean what most people assume.
Why Is It Awarded?
Under Article 175, the party who will fall into need because of the divorce may, provided their fault is not the greater, claim maintenance from the other in proportion to that party's means, without a fixed end date.
Three conditions are contained in that definition. First, falling into need: the claimant must lack regular and sufficient income to support themselves after the divorce. Second, a comparison of fault: the claimant's fault must not be greater than the other party's. Third, the payer's means: maintenance is fixed at a level that does not reduce the payer to need.
Maintenance for a spouse is entirely different from child maintenance, which is for the child and paid by the parent without custody. Confusing the two leads to the wrong claim being brought.
What “Open-Ended” Means
When the Act says “without a fixed end date”, it means no end date is set at the outset. It does not mean payment for life.
Article 176 lists when maintenance ends:
- the recipient remarries
- either party dies
- the recipient lives as though married without marrying
- the recipient's need has ceased
- the recipient lives a dishonourable life
The first two operate automatically. In the last three maintenance does not end by itself: it is revoked by court order, which means proceedings must be brought.
| Situation | How it operates |
|---|---|
| The recipient remarries | Automatically |
| Death of either party | Automatically |
| Living as though married | By court order, on proof |
| The need has ceased | By court order, on proof |
| Living a dishonourable life | By court order, on proof |
| A fall in the payer's means | By court order — reduction rather than revocation |
A judgment changing maintenance has no retrospective effect as a rule: the change takes effect from the date of the claim.
Revoking or Reducing Maintenance
Where circumstances change, an increase, reduction or revocation may be sought in the family court.
The grounds most often relied on in a revocation claim: the recipient taking employment and earning a regular income, being awarded a pension, inheriting or acquiring property, or living as though married. The claimant bears the burden of proving these.
In a reduction claim the focus is the fall in the payer's means: losing their job, a loss of income through illness, or a new obligation to support someone.
Evidence decides these cases in practice: the social security record of insured employment, land and vehicle registry records, bank movements and witness evidence are the ones most often used. A change takes effect from the date of the claim, not retrospectively.
Practical Points on Both Sides
For the payer:
- Pay through a bank with a clear reference; cash payments cause disputes about whether they were made.
- Bring a claim rather than simply stopping payment. Unpaid maintenance can be enforced, and persistent non-payment of a maintenance order carries coercive detention.
- Gather the evidence of the change in circumstances before you sue; an assertion without documents rarely succeeds.
For the recipient:
- Maintenance is enforced through the enforcement office like any other judgment; arrears can be collected.
- Where the payer's means have risen or living costs have increased, an increase may be claimed — and an indexation clause in the original judgment avoids repeated claims.
- Cohabiting in a way that amounts to living as though married is a ground of revocation, and it is proved by neighbours, address records and social media.
If circumstances have changed, the answer is a claim to reduce or revoke the maintenance — not simply stopping. Arrears remain enforceable, and persistent non-payment of a maintenance order carries coercive detention. The change takes effect from the date of the claim, so the sooner it is brought the less accrues.
Frequently Asked Questions
Is maintenance really paid for life?
No. “Without a fixed end date” means no end date is set at the outset. It ends automatically on remarriage or death, and is revoked by court order where the need has ceased, the recipient lives as though married, or lives a dishonourable life.
When is maintenance awarded?
Where a party will fall into need because of the divorce, their fault is not the greater, and the other party has the means — fixed at a level that does not reduce the payer to need.
How do I get maintenance revoked?
By a claim in the family court, proving the ground relied on: the recipient's employment or pension, property acquired, or living as though married. The burden of proof lies on the claimant.
Does a change apply retrospectively?
No. As a rule the change takes effect from the date of the claim, which is why delay costs the payer money.
What happens if I simply stop paying?
The arrears remain enforceable through the enforcement office, and persistent non-payment of a maintenance order carries coercive detention. Bring a claim instead.