Alimony Against Inflation: Adjustmen of Alimony and the Issue of Payment in Foreign Currency 30 May 2025

In particular, regarding child support awarded for the benefit of children, when considering their education, health, and basic needs, rising expenses such as increasing private school fees create a disadvantageous situation for the custodial spouse who is the alimony recipient.

If significant changes occur in the financial circumstances and needs of the parties after the determination of alimony, coupled with the rapidly increasing inflation in our country, it may necessitate a reassessment of the current alimony amount.

LAWSUIT FOR INCREASING THE ALIMONY
 

In the event that the current alimony amounts are insufficient and do not serve their purpose due to the change in economic conditions and the effect of inflation, a lawsuit for increasing the alimony should be filed for the re-evaluation of this issue. According to the Turkish Civil Code, the alimony creditor may file a lawsuit for an increase in the existing alimony in cases where economic conditions worsen, inflation increases or there is a change in the income status of the parties.
 

The courts evaluate each request for an increase in alimony separately, taking into account the circumstances as of the date of the lawsuit. While making a decision, the income status of the parties, the current needs of the alimony payer in favor of the living conditions and current economic data are taken into account. An equitable increase is one of the basic principles. In the case of child support alimony, which covers the maintenance and education expenses of the child, the court always considers the best interests of the child when making a decision. In this context, it is always possible that events such as the increase in the needs of the child with the child's age and the decrease in the value of the money due to inflation according to the date when the alimony was appreciated are always possible in the ordinary course of life, and the alimony should be increased by adapting it in accordance with the principle of equity.
 

THE ISSUE OF DETERMINING ALIMONY IN  EUROS
 

In the Turkish legal system, the rule is that alimony is determined in Turkish Lira (TRY). According to the Turkish Civil Code and established judicial precedents, alimony payments are made in Turkish Lira. This practice stems from Article 99 of the Turkish Code of Obligations, which states that "A debt of money shall be paid in the country's currency." Alimony claims constitute monetary debts, and monetary debts are paid in Turkish Lira. The Court of Cassation's rulings are also in line with this principle. Unless there is an agreement between the parties, the default rule is that alimony is paid in Turkish Lira.
 

However, this rule is not absolute and has exceptions. If a written agreement or divorce protocol between the parties stipulates that the alimony will be paid in foreign currency and this is also included in the court's ruling, the alimony may also be determined in foreign currency. In such exceptional cases, the court may assess the alimony amount in foreign currency in accordance with the parties' will. It is preferred to determine the alimony in TL due to the ease of implementation in terms of enforceability of the decision.
 

In other words, the general rule is that alimony is determined in Turkish Lira.
 

The exception to this rule is the explicit mutual agreement of the parties.
 

Although the determination of alimony in Turkish Lira is accepted as the general rule, exceptions do exist. One such exception is when the alimony amount is explicitly agreed upon in a specific foreign currency in the divorce protocol arranged between the parties, and this condition is also included in the court's decision.
 

The Court of Cassation has developed certain precedents regarding the determination of alimony in foreign currency.
 

3rd Civil Chamber of the Court of Cassation, E. 2016/7517 K. 2016/9755 T. 22.06. 2016: "The economic and social circumstances of the plaintiff and the defendant must be thoroughly and accurately investigated and determined. It must be evaluated whether there has been an increase in the joint child's educational expenses by reviewing the case file related to the last lawsuit for increasing the alimony ; moreover, since it was agreed by the parties and stipulated in the court decision that the alimony payments would be made in foreign currency, there is no illegality in making the increase in foreign currency as well. Taking these into consideration, a decision should be made based on the final outcome. However, since the judgment was rendered with insufficient examination and investigation, it was deemed incorrect and required reversal."
 

However, when considering the issue from both sides, the alimony debtor may also be significantly adversely affected by exchange rate fluctuations. In such cases, the alimony debtor may file a lawsuit requesting the adjustment of alimony and determination of a fair amount in light of the changed circumstances.
 

Sources: Boşanma Davalarında Nafaka Türleri ve Şartları, Toba Shukor, 2022-Türk Medeni Kanununda Tedbir Nafakası, Nur Zeynep Şen, 2023