WHAT IS ALIMONY IN DIVORCE?

WHAT ARE THE TYPES OF ALIMONY IN TURKEY?

In the Turkish legal system, alimony is regulated to ensure economic balance among individuals and promote social solidarity. Four distinct types of alimony in Turkey are recognized:

1. Temporary Alimony 
2. Spousel Maintenance
3. Child Support 
4. Support Alimony 

Each type of alimony is based on different legal grounds and subject to specific conditions. Therefore, when requesting alimony, the circumstances of the specific case are carefully considered.

1. Temporary Alimony in Divorce

Temporary alimony in divorce can be requested before or during a divorce proceeding. This type of alimony is designed to cover the basic needs of the spouse who is in financial hardship.

• Conditions: No fault is required to be eligible. For example, even a spouse found at fault for infidelity can benefit from temporary alimony.
• Purpose: To prevent financial hardship before the marriage ends.

2. Spousel Maintenance

Spousel Support in Turkey is awarded following a divorce decision to support the spouse who would otherwise fall into financial hardship.

• Conditions: The requesting spouse must not be more at fault than the other and must face the risk of poverty due to the divorce.
• Purpose: To prevent economic imbalance and reduce the risk of poverty caused by divorce.

3. Child Support Alimony 

Child support alimony is a contribution from the non-custodial parent to cover the expenses of raising and educating the child.

• Conditions: Paid by the parent who does not have custody, for the benefit of minor children.
• Purpose: To protect the best interests of the child and share the financial responsibilities of child-rearing between parents.

4. Support Alimony 

Support alimony is intended for relatives in need of financial assistance. According to Article 364 of the Turkish Civil Code, a person is obliged to support their descendants, ascendants, or siblings.

• Conditions: The alimony recipient must be in financial need, and the payer must have the financial ability to provide support.
• For Adult Children: Adult children pursuing education and requiring financial support can request support alimony instead of child support. In this case, payments are made directly to the child.

Types of alimony in Turkey aim to regulate economic balance and social assistance relationships among individuals. Each type is granted based on specific conditions, considering the social and financial status of the individuals involved. These regulations support both familial responsibilities and societal solidarity.

ALIMONY REQUEST IN DIVORCE CASES IN TURKEY

Requests for alimony in divorce cases in Turkey frequently arise to address the economic imbalance between the parties and to prevent hardship. A party who believes they need alimony may include this request as part of the divorce proceedings in Turkey. Since spousal maintenance claims are ancillary to the divorce case, this approach is often preferred for procedural efficiency.

Spousel Support in Turkey requests can be made in both uncontested and contested divorce cases, but the procedures and conditions vary between the two types.

• Alimony in Uncontested Divorce Cases in Turkey

Uncontested divorces in Turkey occur when the parties agree on the terms of the divorce, including ancillary issues such as alimony, compensation, child custody, and property division. Key points regarding alimony in such cases include:

1- Preparation of the Protocol:

• The spousel support in Turkey request must be explicitly stated in the signed uncontested divorce protocol. If the protocol does not mention alimony, the party cannot later claim poverty alimony or financial/moral compensation after the divorce. The divorce protocol is treated as a contractual agreement.
• In uncontested divorces, no determination of fault is made, meaning the necessary conditions for awarding alimony in Turkey cannot be established during the process.

2- Child Support Alimony and Public Order:

• Child support alimony (for minors) is a matter of public order. Even if the uncontested divorce protocol does not address child support, a separate lawsuit can be filed to claim it after the divorce.
• Judges, prioritizing the best interests of the child, may award child support ex officio (on their own initiative), even if the parties do not request it. Waiving the right to child support is also considered invalid.

• Alimony in Contested Divorce Cases in Turkey

Contested divorces involve a process where parties must prove their claims and demands, including alimony in Turkey. The alimony process in these cases typically unfolds in two stages:

1- Temporary Alimony Process:

• Temporary alimony may be granted during the trial to provide financial support. The judge considers socioeconomic reports (SED reports) when deciding on temporary alimony. In urgent situations, a decision may be made without waiting for these reports.
• Decisions regarding temporary alimony can be appealed. For instance, the obligated party may challenge the decision by proving financial incapacity or that the amount is excessive. Documents like rental agreements, loan payments, or utility bills can support such objections.

2- Spousel and Child Support Alimony:

• After the divorce is finalized, spousel maintenance may be awarded to the spouse at risk of financial hardship, and child support alimony may be granted for the children’s expenses.
• In contested cases, these alimony types depend on the legal evidence provided by the parties. The judge’s decision is shaped by the strength of the presented evidence.

CONDITIONS FOR ALIMONY IN DIVORCE CASES IN TURKEY

Alimony in divorce cases in Turkey is a legal mechanism designed to protect the financially weaker party or shared children. Aimed at balancing the material and moral impacts of divorce, different types of alimony have specific conditions, applicable during the divorce process or afterward. Alimony conditions are assessed individually for each divorce case.

1. Temporary Alimony 

Temporary alimony in Turkey is granted during divorce proceedings to prevent financial hardship for the financially weaker spouse or shared children. According to the Turkish Civil Code, the characteristics of temporary alimony are as follows:

• Start and Duration: It begins with the filing of the divorce case and ends when the divorce is finalized.
• Conditions: The judge evaluates the financial strength of the paying spouse and the needs of the requesting party. Based on these factors, alimony is determined proportionately.
• Adjustment Requests: Temporary alimony can be increased or decreased upon request if circumstances change.

For example, if one spouse cannot meet daily expenses such as rent or groceries while the other has sufficient financial means, the judge may order temporary alimony in Turkey to cover these costs.

2. Spousal Support

Divorce maintenance in Turkey is a cash payment from one spouse to the other after divorce to prevent financial hardship.

• Legal Basis and Conditions: According to Article 175 of the Turkish Civil Code, the requesting spouse must not be more at fault in the divorce. However, the fault of the paying spouse does not prevent alimony from being awarded.
• Indefinite Duration: Divorce maintenance in Turkey is generally granted without a time limit. However, it can be terminated or adjusted due to changes in circumstances, such as remarriage or improved financial status.
• Determining the Amount: The judge considers the recipient’s needs (housing, food, healthcare, etc.) and the payer’s financial capacity when setting the amount.

3. Child Support Alimony

Child support alimony is intended to cover the needs of shared children, ensuring their welfare regardless of the divorce outcome.

• Public Order Aspect: The obligation to meet children’s basic needs relates to public order. Parents cannot waive child support alimony. Judges may order child support independently of the parents’ requests, prioritizing the child’s best interests.
• Determining the Amount: Judges assess the child’s needs, including education, healthcare, housing, clothing, and food. Experts may be consulted, and relevant documents obtained from institutions to calculate the appropriate amount.
• Payment Obligation: The non-custodial parent pays child support alimony to the custodial parent to meet the child’s expenses.

WHAT IS A DIVORCE ALIMONY CASE IN TURKEY?

A divorce alimony case can be filed if one party wishes to request alimony after the finalization of the divorce decree, despite not making such a request during the divorce proceedings. Not seeking alimony in Turkey during the divorce process does not preclude making a claim later.

• General Framework of a Divorce Alimony Case

In uncontested divorce cases, if no request for alimony is made, or if the right to alimony is explicitly waived, a subsequent claim for alimony is not possible. This is due to the following reasons:

1. Waiver: If the uncontested divorce protocol explicitly states a waiver of the right to alimony in Turkey, the waived right cannot be reclaimed later.
2. Fault Assessment: In uncontested divorces, fault is not determined, which precludes meeting the conditions necessary for a later claim for poverty alimony.

However, it is always possible to request child support. Since this is a matter of public order and the welfare of the child, the obligation of the non-custodial parent to contribute to the expenses of the shared child cannot be waived.

• Parties to a Divorce Alimony Case in Turkey

The parties to alimony cases are determined as follows:

1. Plaintiff: The spouse who has fallen into poverty due to divorce or the parent obligated to meet the needs of the shared child.
2. Defendant: The former spouse or person responsible for paying alimony.

In rare cases, defendants in support alimony cases may include the parents, siblings, or children of the person requesting alimony. However, such claims differ from divorce-related alimony and are not detailed in this discussion.

• Evidence and Proof in Alimony Cases in Turkey

In alimony cases in Turkey, parties must present strong evidence to support their claims:

For Spousel Support:

• Fault: A finalized court decision showing that the plaintiff is not entirely or more at fault in the divorce.
• Proof of Poverty: Evidence such as bank statements, insurance records, witness testimonies, social and economic status reports, or land registry records.

For Child Support:

• Child’s Expenses: Invoices, receipts, payment slips, bank statements, and documents related to education expenses.
• Defendant’s Financial Situation: Evidence showing the financial capacity of the alimony payer to cover the child’s needs, such as expert reports or social status investigations if necessary.

• Statute of Limitations and Preclusive Deadlines in Divorce Alimony Cases in Turkey

According to Article 178 of the Turkish Civil Code, alimony claims must be filed within one year of the finalization of the divorce decree. This is a statute of limitations, not a preclusive deadline. The court will not consider this period unless the defendant raises an objection based on the statute of limitations. If such an objection is raised, the case will be dismissed.

• Competent and Authorized Courts For Alimony Cases

Competent Court: Family Courts are responsible for hearing alimony cases in Turkey. If there is no Family Court in a location, Civil Courts of First Instance will hear the case as a Family Court.

Authorized Court: According to Article 177 of the Turkish Civil Code, the authorized court for post-divorce alimony claims is:

• • The court of the plaintiff’s place of residence, or
  • The court of the defendant’s place of residence.

A divorce alimony case in Turkey is an essential legal mechanism to balance the financial effects of divorce when the conditions for alimony exist. A claim for poverty alimony aims to prevent economic hardship for the plaintiff, while child support alimony ensures the child’s fundamental needs are met. It is crucial to pay attention to the statute of limitations, present the correct evidence, and seek support from a specialized divorce attorney to protect one’s rights effectively.

HOW MUCH IS DIVORCE MAINTENANCE IN TURKEY?

It is not possible to give a definitive answer to the question of how much is divorce maintenance will be. The amount of divorce alimony in Turkey depends on the type of alimony requested during the divorce process and the economic and social conditions of the parties. If the parties agree on the alimony amount, the judge evaluates and approves the agreement if deemed appropriate. However, if no agreement is reached, the court determines the alimony amount in Turkey.

• Factors Considered When Determining Divorce Alimony Amount

The judge considers the following criteria when setting the alimony amount:

1. Financial Situation of the Alimony Payer: Salary, additional income such as rent, assets, and overall financial capacity of the payer.
2. Needs of the Alimony Recipient: Expenses for food, housing (e.g., rent, utilities, heating), healthcare, transportation, and other basic necessities.
3. Condition of Shared Children: Educational status, age, special needs, and social expenses such as vacations, school uniforms, and transportation costs.
4. Social and Economic Status of the Parties: Standard of living, social activities, and general economic circumstances of both parties.
5. Post-Divorce Poverty Risk: Whether the alimony claimant is likely to fall into poverty after the divorce.
6. Degree of Fault in the Divorce: The alimony recipient must not be more at fault than the alimony payer.

• Evidence Examined by the Judge in Turkey

The judge may request the following documents and information from the parties:

1. Financial documents (e.g., payslips, bank statements).
2. Records of property ownership, vehicle registration, and other assets.
3. Invoices or documents showing children’s educational and other expenses.
4. Social and economic status investigation reports.

• Variations by Alimony Type

1. Temporary Alimony: Granted temporarily during the divorce process. The economic situation of the parties and the needs of the children are taken into account.
2. Spousel Support: Can be awarded indefinitely but requires that the claimant is not more at fault in the divorce.
3. Child Support: Paid by the non-custodial parent to meet the needs of the child. The judge determines this alimony ex officio based on the child’s best interests. Even if the shared child is taken abroad by the other parent, the validity of child support alimony remains.

• Divorce Alimony Amount and Duration

1. The amount of divorce alimony in Turkey is not determined by a fixed rate; it is assessed individually based on the specifics of each case.
2. The duration of alimony in Turkey can be indefinite for poverty alimony. However, it may be reduced or terminated depending on changes in the financial and social circumstances of the parties.

The amount and duration of divorce maintenance in Turkey are determined by the judge based on the economic conditions, living standards, and post-divorce needs of the parties. In cases of disagreement, the documents submitted by the parties and the social and economic status reports requested by the court play a decisive role. The judge decides the alimony amount and duration according to the principle of fairness, considering the unique circumstances of each case.

HOW DOES THE JUDGE DETERMINE ALIMONY IN TURKEY?

The answer to how does the judge determine alimony in Turkey, as different criteria apply. There are three types of alimony: temporary alimony, spousel support alimony, and child support alimony. The fundamental points considered by the judge are summarized as follows based on the type of alimony and conditions for divorce-related alimony:

1. Temporary Alimony in Turkey

Temporary alimony is a form of interim financial support paid to the spouse or children in need during the divorce process. This alimony must be requested at the time of filing for divorce. When determining temporary alimony, the judge considers:

• Social and Economic Status of the Parties: Incomes, assets, living standards, and financial situations.
• Family Residence: Who continues to reside in the family home.
• Needs of Shared Children: Daily basic needs, housing, healthcare, education, and social expenses.

The judge evaluates all income sources of the alimony payer, including salaries and rental income, and considers benefits like not having to pay rent.

2. Spousel Support in Turkey

Spousel maintenance is paid indefinitely to the party likely to fall into poverty due to divorce, based on the financial capacity of the other party. According to Article 184 of the Turkish Civil Code, even if the alimony amount is agreed upon by the parties, it must be approved by the judge to be valid. The judge ensures the agreed amount aligns with the financial conditions of both parties. Key considerations include:

• Fault in Divorce: The claimant must not be more at fault than the payer.
• Financial Capacity of the Alimony Payer: Salary, additional income, and overall economic situation.
• Needs of the Alimony Recipient: Food, housing, utilities, healthcare, transportation, and other essential needs.
• Children’s Situation: Age, number, and education or healthcare expenses.

3. Child Support in Turkey

Child support is paid by the non-custodial parent to cover the shared children’s care, education, and other needs. Since child support is a matter of public order, the judge determines it ex officio. Considerations include:

• Basic Needs of the Child: Food, clothing, housing, education, healthcare, and social needs.
• Financial Capacity of the Non-Custodial Parent: Income sources and financial strength of the payer.
• Preserving the Child’s Living Standards: Efforts to maintain the child’s pre-divorce standard of living.

The most fundamental criterion for the judge in determining alimony in Turkey is to balance the financial capabilities of both parties with their needs. While requests for temporary alimony and spousel maintenance depend on the claimant’s application, child support is related to public order and therefore ruled ex officio by the judge.

To ensure that the amount of alimony is fair and equitable, a detailed analysis of the parties’ social and economic conditions is conducted. Additionally, alimony amounts can be updated annually or adjusted according to changes in the financial circumstances of the parties.

JUDGE’S DISCRETION AND UPDATING SPOUSEL SUPPORT IN TURKEY

The judge evaluates both parties’ financial situations, the recipient’s needs, and the payer’s financial capacity, aiming for fairness. However, conditions may change over time:

1. Requests for Increase or Decrease: The spousel maintenance recipient can request an increase due to inflation or rising needs. The payer can request a reduction due to financial hardship, job loss, or increased debt, providing evidence such as rental agreements or loan repayment slips.
2. Objections and Legal Remedies:To object to an alimony decision, evidence must be presented. For example, the party struggling to pay alimony can substantiate claims of income loss or financial difficulties with documents such as rental agreements or loan repayment receipts. Alimony decisions can also be appealed through regional appellate courts or cassation (higher courts).

HOW MUCH OF A SALARY IS THE DIVORCE ALIMONY AMOUNT?

There is no specific percentage or formula for determining the divorce alimony amount in the Turkish Civil Code. The judge uses their discretion to determine the alimony amount based on the specifics of each case and the social-economic circumstances of the parties. The following factors are considered during this process:

Criteria for Determining Alimony Based on the Type of Alimony

1- Spousel Maintenance:

• Spousel Support in Turkey is granted to ensure the party who will fall into poverty due to the divorce maintains their standard of living.
• The judge assesses the income of the alimony payer and the standard of living and needs of the party requesting alimony.
• It is ensured that the alimony payer does not experience financial hardship after paying alimony.
• In practice, an amount equivalent to about 25% of the salary is often determined for alimony in Turkey. However, this percentage may increase depending on other income sources (such as rental income).

Example:

For someone earning 20,000 TRY per month, a 25% rate of approximately 5,000 TRY may be determined as spousel support in Turkey.
If the person has other income sources (e.g., rental income), the alimony rate may increase to 50% or more.

2- Child Support:

• The amount is determined based on the child’s education, health, housing, and social living needs.
• The judge determines the alimony amount by prioritizing the child’s best interest.
• There is no fixed percentage; instead, the calculation is made based on the alimony payer’s total income and the child’s expenses.

Income Items the Judge Considers in Determining Divorce Alimony

The judge considers not only the salary of the alimony payer but also their other income sources:

• Salary income.
• Rent or real estate income.
• Interest or stock earnings.
• Income from additional jobs.
• Other income from assets.

Judge’s Discretion in Determining Divorce Alimony in Turkey

When determining the amount of alimony in Turkey, the judge must pay attention to the following:

• Ensuring that the alimony payer is not financially harmed.
• Ensuring that the alimony recipient’s basic needs are met.
• Prioritizing the child’s (if any) best interest.
• Preserving the living standards the parties had during the marriage in Turkey.

Conclusion:

• Spousel support is usually set between 25-50% of the salary, but this is not a fixed rule, and other income sources may be considered.
• Child support varies depending on the child’s needs and is generally determined based on the child’s expenses rather than a specific percentage.
• The alimony payer’s total income and assets are comprehensively evaluated, and additional income beyond the salary is considered.

The judge’s final decision is made within the framework of fairness and the principle of maintaining living standards. Parties may apply to the court for an increase or decrease in alimony if they claim changes in their financial circumstances.

Example Calculation Table for Divorce Alimony in Turkey Based on Salary

ENFORCEMENT OF ALIMONY DECISIONS AND OBJECTIONS TO ALIMONY IN TURKEY

The enforcement of alimony decisions and the objection process in divorce cases differ depending on the type of alimony.

1. Temporary Alimony: Temporary alimony is valid during the divorce proceedings and is collected through an enforcement process without a judgment (i.e., without a formal court order). Since it is a provisional decision, both parties may object to the alimony amount and request a change by submitting the necessary evidence.
2. Spousel Alimony and Child Support: Spousel alimony in Turkey and child support, which are ruled by the court along with the divorce decision, have the nature of a judgment and are collected through an enforcement process with a judgment. A new lawsuit may be filed to request an increase or decrease in the alimony amount. Any changes in the parties’ financial conditions will be considered in these requests.

In addition, objections and reassessment processes regarding alimony decisions allow for fair solutions that align with the financial circumstances of the parties. Seeking legal advice during this process can help speed up the procedure and ensure that rights are protected.

WHAT IS SPOUSEL MAINTENANCE IN TURKEY?

Spousel maintenance is a type of alimony ordered by the court for the spouse who will face financial hardship after a divorce. For this alimony to be applied, certain conditions must be met. These conditions are as follows:

• One of the Parties Must Make a Request

The court can only rule on spousel support in Turkey if one of the spouses requests it. If no request is made, the court cannot rule on spousel maintenance on its own. Additionally, the requesting spouse must clearly state the amount of alimony they are asking for. The court is bound by the specified amount and cannot decide on an amount greater than the request.

• The Requesting Spouse Should Not Be More at Fault

The spouse requesting spousel maintenance must not be the one at greater fault in the divorce. In other words, the spouse with the greater fault in the divorce cannot request alimony in Turkey. If one spouse is more at fault, it will result in the denial of alimony.

• The Requesting Spouse Must Face Poverty

The financial situation, income level, wealth, and working capacity of the requesting spouse are considered to determine whether the spouse will fall into poverty. Poverty does not have to be extreme, but the spouse must not have the financial means to maintain the living standards they had during the marriage.

• It Must Be Proportional to the Paying Spouse’s Financial Ability

The paying spouse’s financial capacity must be proportional to the amount of alimony determined. For instance, if the paying spouse does not have the financial means, perpetual alimony cannot be granted. The alimony amount must be appropriate for the economic situation of both parties.

• Spousel Maintenance Regulation in Turkey

Under Turkish law, before the amendment of May 4, 1988, Article 144 of the Civil Code, spousel support in Turkey was limited to one year. According to this regulation, if the faultless spouse fell into severe poverty, they could be granted alimony for a maximum of one year. However, after the amendment, it was determined that poverty alimony would be perpetual from May 12, 1988. Since this change, alimony has been applied indefinitely.

• International Perspective

When examining foreign legal systems, the concept of spousel support in Turkish law is not widely accepted. Most countries limit the duration of alimony after divorce to a certain period. This makes Turkey’s practice of spousel maintenance more stringent compared to other countries.

Spousel maintenance is an important regulation that ensures the spouse facing financial hardship after a divorce can sustain themselves. However, factors such as the fault of the spouses and whether the requesting spouse will fall into poverty are considered when determining the amount of divorce alimony.

IS IT POSSIBLE TO GET A DIVORCE WITHOUT ALIMONY IN TURKEY?

Alimony, especially spousel support and other types of alimony, is determined in divorce cases based on various factors. However, in some special circumstances, the court may decide not to grant alimony, making a divorce without alimony in Turkey possible. When considering this, particularly from a perspective that could be seen as disadvantageous to men, the following situations may lead to a decision not to grant alimony:

• The Wife’s Extramarital Affair: If it is proven that the wife had an affair during the marriage, this could lead to a decision not to grant alimony in Turkey. When one spouse fails to fulfill their marital obligations, the need for the other spouse to pay alimony could be questioned, and a divorce without alimony may be decided.
• The Wife’s Fault: If the wife is found to be at fault for the dissolution of the marriage, she may lose the right to claim divorce maintenance in Turkey. It is generally considered legally inappropriate for the spouse responsible for the reasons leading to the divorce to receive alimony.
• The Wife’s Financial Stability: If the wife has a higher income than the husband, her right to request alimony may be limited. If the wife is financially capable of maintaining her lifestyle after the divorce, a decision for a divorce without alimony may be made.
• Extramarital Affairs or Other Sources of Income: If the wife is in an extramarital relationship or has additional sources of income, such as rental income, despite a decision to grant alimony, this could be a factor in deciding not to pay alimony in Turkey. The paying spouse must be able to make the payment fairly, but if the receiving spouse has other income sources, this could weaken the alimony claim.
• The Husband Losing His Job or a Decrease in Income: If the husband loses his job or experiences a significant decrease in income, he may struggle to pay alimony. This could be considered a valid reason for non-payment, and if the paying spouse’s financial situation becomes insufficient to meet the alimony obligations, the court may decide on a divorce without alimony in Turkey.

Each alimony decision depends on the specific circumstances of the case and the economic conditions of the parties involved. Factors such as the wife’s fault, additional income sources, extramarital affairs, or the paying spouse’s financial incapacity can influence the decision to grant or deny alimony.

HOW IS THE ALIMONY INCREASE RATE CALCULATED FOR 2025 IN TURKEY?

The alimony increase rate in Turkey for 2025, like in previous years, is subject to inflation rates and economic conditions. In divorce cases, or after the divorce becomes final, the court may award alimony to the parties. The amount of divorce maintenance in Turkey is determined based on factors such as economic and social conditions, the financial status of the parties, and the children’s expenses. Over time, as circumstances change, the alimony amount may become insufficient. In such cases, the receiving party may file a lawsuit for an alimony increase rate.

• Justified Reasons for Filing an Alimony Increase Lawsuit

The following justified reasons are considered when filing a lawsuit to increase alimony rate:

1. Devaluation of Money: If inflation leads to the loss of value of money, the purchasing power of the alimony may decrease.
2. Economic Crisis in the Country: Economic crises increase the cost of living, which may necessitate an alimony increase rate.
3. Improvement in the Alimony Payer’s Financial Situation: If the financial situation of the alimony payer improves, it is expected that their increased income will reflect in the alimony payment.
4. Emergence of New Expenses for the Receiving Party: Changes in the living conditions of the receiving party (e.g., children’s educational expenses, healthcare costs) may necessitate an increase in alimony.

When one or more of these situations occur, the alimony increase rate can be adjusted. The Turkish Civil Code allows for an increase in alimony under such circumstances.

• Calculation of the Alimony Increase Amount

The alimony increase rate is determined based on the Producer Price Index (ÜFE) or the Consumer Price Index (TÜFE) announced by the Turkish Statistical Institute (TÜİK), in line with Supreme Court decisions. However, these rates are only indicators, and the decision can also be influenced by changes in economic conditions.

• Alimony Increase Rate Based on the TÜFE for 2025

The alimony increase rate for 2025 will be calculated according to the Consumer Price Index (TÜFE) increase rate. TÜFE is an index that measures the general change in consumer prices compared to the previous year. This rate is a significant indicator for both alimony payers and recipients as it directly impacts family budgets.

• Family Budget Consideration in Alimony Increase Rate

For families with fixed incomes, the alimony increase rate can lead to significant changes in the family budget. Considering essential expenses such as children’s education, healthcare, and daily living costs, the alimony increase based on the TÜFE rate may increase the financial burden on the payer. Therefore, careful planning of the family budget is important for the alimony payer.

MATERIAL AND MORAL DIVORCE COMPENSATION IN TURKEY

In divorce cases, the request for divorce compensation in Turkey holds an important place. Material and moral compensation in divorce refers to the amount one spouse may be required to pay the other during a divorce. These compensations can arise as a consequence of the divorce and are determined based on the fault ratio of the parties. Divorce cases, depending on whether they are consensual or contested, may involve different compensation requests.

• Divorce Compensation in Turkey in Consensual Divorce

In consensual divorce cases, the parties can agree on the amount of material and moral compensation in Turkey beforehand. In this case, both parties can decide how much compensation one will pay to the other and the payment conditions. Therefore, in consensual divorce cases, the terms and amount of compensation are entirely based on the free will of the parties.

• Divorce Compensation in Turkey in Contested Divorce

In contested divorce cases, fault determination must first be made to assess the compensation claim. Fault determination refers to identifying which spouse is responsible for the reasons leading to the divorce. The fault ratio is the most important factor affecting the amount of divorce compensation. Compensation requests are considered as ancillary claims to the divorce case and can be submitted to the court along with the divorce petition.

• Difference Between Material and Moral Compensation in Divorce

Material Compensation: Material compensation in divorce is requested to cover the financial losses of a spouse resulting from the divorce. Typically, it is claimed when one spouse suffers financially due to the divorce, such as a decrease in their economic level or negative impact on their living standards. Material compensation in divorce aims to compensate for the lost or diminished benefits due to the divorce.

Moral Compensation: Moral compensation in divorce is requested when one spouse suffers personal harm or psychological damage due to the divorce. A spouse who experiences emotional and psychological pain because of the events leading to the divorce may seek moral compensation in divorce process. This compensation is intended to address the mental and emotional suffering caused by the divorce.

• Court Fees for Divorce Compensation Requests

Requests for material and moral compensation in divorce cases can be made alongside the divorce petition. In such cases, the proportional court fee normally required for compensation cases is not charged for the divorce case itself. This provides a legal ease for claims of compensation in conjunction with the divorce.

• What Determines Divorce Compensation in Turkey?

Although the legal framework provides specific criteria for divorce compensation in Turkey, many factors are left relatively general, allowing family judges to make assessments and take initiative based on the specific circumstances of the case. The flexibility given by the legislator in determining compensation amounts allows family courts to issue decisions that are appropriate to the particular conditions of each case.

The amount of divorce award requested and the degree to which these requests are fulfilled are often shaped by precedent decisions made by local courts. Therefore, it is crucial to seek legal advice before pursuing a divorce case to understand the criteria for determining compensation and ensure a proper decision is made.

WHAT IS MATERIAL COMPENSATION IN DIVORCE?

Article 174/1 of the Turkish Civil Code defines the legal framework for material compensation in divorce cases. According to this article:

“The innocent or less at fault party, whose existing or expected benefits are harmed due to the divorce, may request a reasonable material compensation from the party at fault.”

Material compensation in divorce acts as a form of penal remedy. The person who is at fault for the harm caused must compensate for the damages resulting from their actions. In divorce cases, material compensation can only be awarded if certain conditions are met. In consensual divorce cases, material compensation is determined by mutual agreement between the parties, which makes it different from contested divorce cases.

• Conditions for Material Compensation in Divorce

In contested divorce cases, material compensation can be awarded only if all the conditions outlined in Article 174 of the Turkish Civil Code are met:

1. The marriage must have ended in divorce: For example, compensation cannot be requested by heirs following the death of one spouse.
2. The requesting party must be innocent or less at fault: The spouse requesting material compensation must not be at fault or must be less at fault in the events that led to the divorce.
3. Harm to existing or expected benefits: The spouse requesting compensation must prove that their existing or expected benefits have been harmed due to the divorce.
4. The cause of the divorce must be linked to the request: Compensation cannot be requested for damages unrelated to the divorce itself, such as those resulting from an accident or medical malpractice.

When these conditions are met, material compensation can be granted in the divorce. Working with a divorce lawyer in Turkey is essential to avoid any legal disadvantages during this process.

• How is Material Compensation Calculated in Divorce?

Material compensation in divorce does not aim for enrichment, but the requesting spouse must prove that their existing or expected benefits have been harmed. These benefits typically involve areas such as the care, shelter, health services, and social needs provided during the marriage. When the marriage ends, the spouse is deprived of these supports.

Factors that may be considered in calculating material compensation include:

• Marriage Duration: The length of the marriage can influence the amount of compensation.
• Ages of the spouses: The age difference can be a factor in determining compensation.
• Life Expectancy: The health and life expectancy of each spouse can impact the calculation.
• Economic situation of both spouses: The financial conditions of both parties directly affect the compensation amount.
• Lifestyle characteristics: The lifestyle and habits of the spouses can influence the compensation amount.
• Professions and work conditions: The type of job and working conditions of the spouses are considered.
• Job prospects: One spouse’s potential to find employment may affect the compensation amount.
• Physical and health conditions: A spouse’s health may affect future earnings, influencing the compensation.
• Personal assets and skills: A spouse’s personal skills and assets may affect their life after the divorce.
• Purchasing power of money: Economic conditions also play a role in calculating compensation.
• Likelihood of remarriage: The likelihood of the requesting spouse remarrying after the divorce is a factor.
• Fault in causing the divorce: The degree of fault of each spouse in the events leading to the divorce is a fundamental factor.
• Social security relationship: If one spouse loses the other’s social security benefits post-divorce, this can be a consideration for compensation.
• Changes in living standards: The potential change in living standards as a result of the divorce plays a significant role in the compensation calculation.
• Participation in assets: Entitlements to assets and property division also impact the compensation amount.
• Insurance policies and property regimes: Insurance claims and property regimes are relevant in calculating compensation.
• Other claims: Claims like alimony or jewelry claims may affect the compensation.
• Articles 50, 51, and 52 of the Turkish Code of Obligations: These articles may also be considered in compensation claims.

Material compensation in divorce is not limited to monetary losses. For example, services like domestic work or child care performed by a homemaker spouse during the marriage can be seen as significant benefits. The loss of these benefits after divorce may also lead to the right to request material compensation. Furthermore, material compensation can be requested not only in monetary form but also as goods or assets.

WHAT IS MORAL COMPENSATION IN DIVORCE?

Moral compensation in divorce cases aims to remedy the psychological imbalance and restore the emotional integrity of the party whose personality rights have been violated due to the divorce.

According to Article 174/2 of the Turkish Civil Code: “The party whose personality rights have been violated due to the events leading to the divorce may request a reasonable amount of spiritual compensation from the other party who is at fault.”

In divorce cases, moral compensation can only be awarded if certain conditions are met. Care should be taken when calculating spiritual compensation, and it cannot be modified or corrected later.

In consensual divorce cases, just like material compensation, moral compensation can be determined based on the mutual will of the parties. Additionally, parties can waive their right to spiritual compensation, which differentiates it from contested divorce cases.

• Conditions for Moral Compensation in Divorce

For a claim of spiritual compensation to be valid in divorce, the following conditions, outlined in Article 174/2 of the Turkish Civil Code, must be met:

1. The marriage must have ended in divorce: The divorce must have taken place.
2. The requesting spouse’s personality rights must have been violated: The personality rights of the spouse requesting compensation must have been violated due to the actions of the other spouse.
3. The other spouse must be at fault: The spouse being requested to pay compensation must be at fault for the events that caused the violation of personality rights.
4. The compensation must relate to the divorce and the events leading to it: The claim for compensation must be directly related to the divorce and the actions that caused it.

It is important to note that not every action leading to the divorce constitutes an attack on personality rights. For example, a spouse leaving the family home and not returning does not necessarily constitute an attack on personality rights. Violations of personality rights are generally limited to humiliating and degrading actions such as threats, insults, or defamation.

• Calculating Moral Compensation in Divorce

Although spiritual compensation is awarded to remedy the psychological damage caused by an attack on personality rights, it should not be used as a tool for enrichment. Therefore, when calculating spiritual compensation, a more objective and concrete evaluation should be made.

The judge considers the following factors when determining the amount of spiritual compensation:

1. The economic and social status of the spouse whose rights were violated: The status of the party requesting compensation may affect the amount.
2. The fault of the requesting spouse in the divorce: If the requesting spouse is also at fault for the divorce, the degree of their fault can affect the compensation amount.
3. The severity of the act that violated the personality rights: The seriousness of the violation is a key factor in determining compensation.
4. The degree of fault of the spouse who violated the rights: The degree of fault of the spouse who committed the violation is also considered.
5. The economic and social situation of the spouse who violated the rights: This can influence the compensation calculation.
6. The objective impact of the violation on the requesting spouse: The actual effects the violation had on the requesting spouse’s mental or emotional well-being are also taken into account.

Similar to material compensation, moral compensation in divorce should not aim at enriching the requesting party. It is solely intended to compensate for the psychological harm caused by the violation of personality rights.

Additionally, in cases where one spouse claims to have been subjected to violence or mistreatment by the other, they may request a court order for restraining or protective measures.

HOW TO CLAIM DIVORCE AWARD IN TURKEY?

Claims for material and moral compensation in divorce cases can be made in two ways:

1. Requesting Compensation Together with the Divorce Case:

When a divorce case is filed, claims for divorce award are made within the same case. In this scenario, since the compensation claims are considered subsidiary to the divorce case:

• No proportional court fee is required: Since the compensation claims are part of the divorce case, there is no need to pay a separate fee.
• No proportional attorney’s fee is charged: The attorney’s fee is only calculated for the divorce case, not for the compensation claims.

This method offers a strategic advantage, as divorce award claims are made alongside the divorce case.

2. Filing a Separate Divorce Compensation Lawsuit After the Divorce:

After the divorce case has concluded, a separate lawsuit for material and moral compensation can be filed based on the determination of fault. However, in this case:

• Proportional court fees must be paid: Since the compensation case is separate, a court fee must be paid.
• Proportional attorney’s fee is calculated: The attorney’s fee will be determined based on the separate lawsuit.

In the Case of a Consensual Divorce: In consensual divorce cases, claims for divorce award in Turkey that are not included in the divorce agreement cannot be made after the divorce. This is because, in consensual divorces, no fault determination is made. A fault determination is a legal requirement for accepting claims for compensation, whether material or moral. Therefore, in consensual divorce cases, compensation claims must be included in the divorce protocol. If not included, they cannot be raised later.

IS IT POSSIBLE TO OBJECT TO DIVORCE AWARD IN TURKEY?

It is possible to object to divorce compensation in Turkey. The objection can be made by the party challenging the divorce case. The objecting party may argue that the spouse requesting divorce award is more at fault in the marriage or that they themselves have suffered the material and moral damage. In this case, evidence regarding the fault of the requesting spouse and the harm caused can be presented to challenge the compensation claim.

Steps to Object to Divorce Compensation in Turkey:

1. Service of the Petition: After the divorce petition, including the compensation request, is served to the respondent, they acquire the right to object.
2. Objection Period: The objection can be made within two weeks from the receipt of the petition. During this period, a response or counterclaim can be filed to challenge the compensation, either to reject or reduce the compensation amount. This creates the legal foundation for rejecting or reducing the compensation.
3. Grounds for Objection:

1. • Heavy Fault Defense: It can be argued that the spouse requesting compensation is more at fault in the marriage.
   • Claim of Harm to Themselves: The other spouse may claim they have suffered more harm and emphasize their own victimhood.

To successfully object to compensation in a divorce, relevant evidence and logical justifications must be presented in court.

CAN PROVISIONS ABOUT ALIMONY AND DIVORCE COMPENSATION BE INCLUDED IN A MARRIAGE CONTRACT?

Marriage contracts, under Turkish Civil Code, are primarily for determining the property regime between the spouses. However, these contracts cannot include provisions regarding personal rights and obligations, such as alimony or divorce award in Turkey.

Agreements made before the marriage regarding alimony or divorce compensation in Turkey are legally invalid. Alimony and divorce award are contingent on circumstances that arise after the marriage ends and are determined by a judge’s decision. Therefore, any pre-marriage agreements on these matters are not binding.

Even if agreements on alimony or divorce award are made before the marriage, such clauses are invalid under the Turkish Civil Code, which prioritizes judge decisions in these matters. When entering a pre-nuptial agreement, both parties must be aware that personal rights and obligations must be left to the court’s discretion to align with the protective principles of the law.