Compensation for Material and Moral Damages in Divorce, Types of Alimony in Divorce, Compensation and Alimony in Cases Involving a Foreign Element

 FINANCIAL AND MORAL COMPENSATION IN DIVORCE 

Divorce proceedings sever the marital bond between the parties, but also leave behind significant financial ruin and shattered personal lives. To protect the spouse whose existing or expected interests are harmed or whose personal rights are violated due to divorce, the legislator has regulated the institutions of material and moral compensation in Article 174 of the Turkish Civil Code

Whether compensation claims are accepted and the amount is determined depends entirely on the degree of fault . In this first section, we will examine the legal conditions for compensation, the balance of fault, and the Supreme Court's criteria for calculating compensation.

1.1. Conditions for Monetary Compensation (Turkish Civil Code Article 174/1)

According to Article 174/1 of the Turkish Civil Code; the innocent or less culpable spousemay demand appropriate financial compensation from the culpable spouse. For financial compensation to be awarded, the following four conditions must be met simultaneously:

Four Basic Conditions for Monetary Compensation:

 ├── 1. Divorce Decree ───────> There must be a final and binding divorce decree issued by the court.

 ├── 2. Balance of Fault ────────> The plaintiff being blameless or less at fault than the defendant.

 3. Damage to Interest ──> Loss of an existing (loss of support) or expected (inheritance) interest.

 └── 4. Causal Link ─────────> The harm suffered directly stems from the act of divorce.

• What are Current and Expected Benefits? Current benefits include the economic support (housing, livelihood, social security) that a spouse would provide if the marriage continued. Expected benefits include legal inheritance rights or the right to benefit from the spouse's insurance in the event of the spouse's death. These are lost upon divorce.
• Equal Fault Barrier: If the court finds both parties "equally at fault" for the dissolution of the marriage, both parties' claims for monetary compensation will be rejected.

1.2. Conditions for Non-Pecuniary Damages (Turkish Civil Code, Article 174/2)

The party whose personal rights have been violated due to the events leading to the divorce may request a suitable amount of money as compensation for moral damages from the other party who is at fault.

• Violation of Personal Rights: According to Supreme Court rulings, actions such as physical violence against a spouse, infidelity (adultery), making serious insults in public, accusing a spouse of theft/immorality, spreading unfounded rumors, or locking a spouse in the house constitute serious violations of personal rights and warrant compensation for non-pecuniary damages.
• Fault Requirement: As with monetary compensation, the spouse claiming moral damages must be less at fault or blameless compared to the other spouse. In cases of equal fault, moral damages cannot be awarded.

1.3. Determination of Compensation Amounts and Method of Payment (Turkish Civil Code Article 176)

The legislator has not established a fixed tariff for compensation amounts. The judge determines the amount of compensation according to the specifics of each case.

• Calculation Criteria: When determining the amount, the judge considers the economic and social circumstances of the parties (sed report), the severity of the fault ratios, the nature of the violated right, the purchasing power of the money, and the economic realities of the country. Compensation should not be a means of enrichment, nor should it plunge the paying party into destitution.
• Method of Payment: According to Article 176/1 of the Turkish Civil Code, it may be decided that material compensation be paid in a lump sum or in installments (regular monthly payments) . However, it cannot be decided that moral compensation be paid in installments; moral compensation must be paid in a lump sum in all cases.

I proved my spouse cheated on me. How much financial and emotional compensation can I receive?

There is no legal upper or lower limit for compensation amounts. The court examines the severity of your spouse's fault (adultery is among the most serious faults) and both of your monthly incomes and registered assets. Against the spouse with a higher income who is at fault, the court will award an equitable amount that protects the socio-economic status of the injured spouse and covers their losses.

We were both found equally at fault in the divorce case; can I receive compensation?

No. According to the established jurisprudence of the Supreme Court, if both parties are deemed equally at fault in the events leading to the divorce, the claims for both material and moral damages will be rejected. To receive compensation, the other party must be "more at fault" than you.

I forgot to request compensation during my divorce; can I file a lawsuit later?

Yes, you can. According to Article 178 of the Turkish Civil Code, the right to sue arising from the termination of marriage due to divorce a one-year statute of limitations from the date the divorce decree becomes final . If you did not request it in the divorce case, you can file a separate lawsuit for compensation within one year from the date the decree becomes final.

 TYPES OF ALIMONY IN DIVORCE: INTERIM, POVERTY, AND CHILD SUPPORT ALIMONY 

To prevent the parties and their children from suffering financially during and after the divorce process, the Turkish Civil Code provides for alimony regimes designed to protect the party with weaker financial means. In practice, alimony takes three different forms throughout the process, from the filing of the lawsuit to its finalization and beyond

In this section, we will examine the legal requirements for interim alimony, which begins with the filing of the lawsuit, post-divorce alimony, and child support payments.

2.1. A Temporary Measure: Interim Alimony (Turkish Civil Code Article 169)

The right of spouses to live separately arises from the moment a divorce case is filed. According to Article 169 of the Turkish Civil Code , the judge is obliged to take temporary measures ex officio (on their own initiative) during the course of the proceedings, particularly regarding the spouses' housing, livelihood, and the care and protection of the children .

• No Fault Required: Interim alimony is not a punishment or compensation; it is purely a social and economic protection measure. Therefore, regardless of whether the parties are at fault at the beginning of the case, interim alimony is awarded in favor of the spouse who is at risk of being left in an unfair situation and who has no/insufficient income, and for the benefit of the joint child.
• Process: It begins from the date the lawsuit is filed and continues until the date the divorce decree becomes final. Once the decree becomes final, the interim alimony automatically ends and (if the conditions are met) transforms into spousal or child support alimony.

2.2. Indefinite Support: Alimony for Poverty (Turkish Civil Code Article 175)

A party who will fall into poverty due to divorce may request alimony from the other party indefinitely , in proportion to the other party's financial capacity, provided that their fault is not more significant than the other party's

Basic Requirements for Alimony Payments:

 ├── 1. There Must Be a Request ──────────> The judge cannot award alimony on his own initiative; a request is absolutely necessary.

 ├── 2. Falling into Poverty ──────> Being unable to meet minimum living expenses due to divorce.

 ├── 3. Balance of Fault ─────────> The fault of the party requesting alimony should not be "more serious" than that of the other party.

 └── 4. Proportionality to Financial Capacity ─────> The amount should not exceed the financial means of the person obligated to pay alimony.

The Termination of "Indefinite" (Turkish Civil Code, Article 176): Although the law stipulates that alimony is "indefinite," it may terminate automatically or by court order in certain circumstances. Alimony automatically ends if the recipient remarries or if one of the parties dies . It may also be terminated by court order if the recipient lives as if married without actually being married, if their poverty ceases, or if they lead a dishonorable life.

2.3. The Child's Future: Child Support (Turkish Civil Code Article 182/2)

When a divorce decree is issued, the spouse who is not granted custody is obligated to contribute to the child's care and education expenses in proportion to their financial means. This is called "child support."

• It is a matter of public order: Child support is awarded by the judge ex officio (automatically) even if the mother or father has not requested it, because it protects the best interests of the child . Even if the parent granted custody says, "I don't want child support," a complete waiver of this right on behalf of the child may be considered legally invalid.
• Duration: It continues until the child reaches the age of majority (until they turn 18) . However, if the child continues their education (university, etc.) after reaching the age of majority, child support payments cease, and the child can personally file a lawsuit for "Support Alimony" under Article 364 of the Turkish Civil Code to request the continuation of support.

Can a working woman receive alimony?

Yes, she can receive it. The fact that the woman is working does not, by itself, prevent her from receiving alimony. If the woman's income is at the minimum wage level and, due to divorce, her standard of living will fall far below the standard of marriage, and the husband's financial situation is very good, the Supreme Court accepts that alimony should be awarded to the woman. The important criterion is "falling into poverty.".

Does the alimony amount automatically increase every year?

It increases if explicitly stated in the decision. Upon the request of the parties, the judge may decide on the percentage increase in alimony amounts in future years (e.g., based on the Producer Price Index (PPI), Consumer Price Index (CPI), or a fixed 20%). If the decision does not include such an increase clause, a separate "Alimony Increase Lawsuit" must be filed each year to increase alimony.

My ex-spouse isn't paying child support, what can I do?

Alimony debt is a legally prioritized debt. Enforcement proceedings can be initiated for unpaid alimony. Furthermore, according to Article 344 of the Enforcement and Bankruptcy Law, a complaint can be filed against the debtor who fails to pay alimony in the Enforcement Criminal Court. If the conditions are met, of coercive imprisonment of up to 3 months can be issued against the alimony debtor.

 EXTENDED RESPONSIBILITY: SUPPORT ALIMONY (Turkish Civil Code Article 364) AND MODIFICATION/TERMINATION OF ALIMONY 

Maintenance obligations are not limited solely to the responsibilities spouses have towards each other or their minor children. The Turkish legal system builds a broader protection network based on kinship and family solidarity ties. The most typical example of this protection network is the maintenance alimony.

Furthermore, due to fluctuations in the financial situations of the parties over time, previously awarded alimony payments may need to be updated or terminated entirely. In this section, we will examine the legal basis for alimony and the processes involved in adjusting it.

3.1. The Necessity of Family Solidarity: Alimony (Turkish Civil Code Article 364)

According to Article 364/1 of the Turkish Civil Code , everyone is obligated to provide alimony to their ancestors, descendants, and siblings who would fall into poverty if they did not receive assistance . In the context of divorce law, this institution most often appears as "supporting the education of a child who has reached the age of majority."

• Difference from Child Support: Child support automatically ends when the child reaches the age of 18 (or is declared an adult by the court). If the child is continuing their university education and cannot support themselves, neither parent can act on their behalf anymore since custody rights have ended. The child must independently file a lawsuit to request "support alimony."
• Continuation of Parents' Obligation to Provide Care (Turkish Civil Code Article 328/2): The law explicitly stipulates that the parents' obligation to provide care continues even after the child reaches adulthood and until the completion of their education, "to the extent that it can be expected of them according to the circumstances."

3.2. Modification and Reduction of Alimony Amount (Turkish Civil Code Article 176/4)

The amounts determined during a divorce or alimony proceedings may lose their validity and fairness over time. Adjustments to alimony are often requested in cases of high inflation, decreased purchasing power, or changes in the socio-economic circumstances of the parties.

Situations Requiring Adjustment of Alimony:

 ├── 1. Income Reduction ───────> The person obligated to pay alimony becomes unemployed, goes bankrupt, or experiences a significant decrease in income.

 ├── 2. Increased Needs ───────> Increased expenses for the recipient of alimony (or the child) for education, health, or housing.

 ├── 3. Income Equalization ───> The spouse receiving alimony obtains a regular and sufficient income by finding employment.

 └── 4. Inflation Effect ─────> Loss of purchasing power of money (Grounding for alimony increase lawsuit).

• Principle of Equity: In cases concerning the increase or decrease of alimony, the judge re-evaluates the current financial status of the parties (SED reports). The aim is to maintain the economic balance between the parties at the initial equitable level.

3.3. Conditions for the Complete Termination of Alimony (Turkish Civil Code Article 176/3)

For poverty or alimony payments to be completely eliminated by court order, radical changes required by law would need to occur.

• Automatic Termination (Without Court Order): the recipient of alimony remarries or one of the parties dies, the alimony payments legally terminate automatically without the need for any court order.
• Conditions for Removal Through Legal Action:
  1. The spouse receiving alimony lives with someone else as if they were married, without being officially married .
  2. The recipient's poverty is completely eliminated (e.g., they inherit a substantial fortune or get a high-paying job).
  3. The recipient of alimony leads a dishonorable life (e.g., lifestyles such as gambling, prostitution, or membership in a criminal organization).

My child has turned 18 and is going to university. Can my ex-spouse stop paying child support directly?

Yes, it can be stopped. According to the law, child support payments are stopped by the enforcement office or automatically once the child reaches adulthood. For your child's education expenses to continue being covered, your child, if attending university, must file a "Support Alimony" lawsuit against their father.

I was fired from my job and have no income. How can I cancel the alimony payments I make to my ex-wife?

You cannot stop paying alimony on your own accord; otherwise, you will face enforcement proceedings and imprisonment. You must immediately file a "Alimony Termination or Reduction Case," citing a lack of income. The judge will examine the reason for your job termination and your current assets, and may suspend or reduce alimony to a symbolic level.

I know my ex-spouse is living with someone else, but they're not officially married. Can I stop the alimony payments?

Yes. Even without a formal marriage, if you can prove that your ex-spouse is living with someone else "as husband and wife," the court may decide to completely terminate alimony payments as a result of a lawsuit. You can prove this with social media posts, witness statements, or local administrative records.

COMPENSATION AND ALIMONY IN CASES INVOLVING A FOREIGN ELEMENT (Turkish Code of Private International Law, Article 14)

In divorce cases involving a foreign element, determining which country's law will govern claims for "compensation" and "alimony" Article 14 of Law No. 5718 on Private International Law . In practice, the law that issued the divorce decree may differ from the law applied to the financial consequences of the divorce (compensation/alimony).

In this section, we will examine the laws governing compensation and alimony claims made by foreign nationals in Turkish courts.

4.1. Applicable Law in Compensation Claims (Lex Causae)

In Turkish law, compensation for material and moral damages is an ancillary part of divorce. Therefore, Article 14/1 of the PrivateInternational Law Act, the same law that applies to the merits of the divorce case also applies to compensation claims.

• Application Hierarchy:
  1. Common National Law: If the spouses are citizens of the same country, that country's compensation law applies. (For example, in a divorce in Turkey between two British citizens, the compensation rules of British law apply).
  2. Law of Common Habitual Residence: If the nationalities are different, the law of the place where the spouses live together applies.
  3. Turkish Law: If the above are not applicable, the compensation provisions of the Turkish Civil Code (Article 174) shall apply directly.

Important Distinction: If a divorce case is heard under the laws of another country, that country's compensation policy (for example, a "no-fault" system instead of a "fault-based" system) must be applied by the Turkish judge. However, this to Turkish public order (Article 5 of the Private International Law Act) .

4.2. Applicable Law in Alimony Claims (Lex Domicilii)

International law regarding alimony follows a different approach than compensation. Article 14/2 of the Turkish Private International Law Act adopts the principle of "the law of the habitual residence (place of residence) of the alimony recipient" to determine the scope and conditions of alimony obligations .

• Creditor Protection Principle: Since alimony is a "maintenance obligation," the aim is to protect the creditor's standard of living. Turkey is a party to the "1973 Hague Convention on the Law Applicable to Maintenance Obligations."
• Procedure: Even if a divorce case is heard in Istanbul, if the spouse requesting alimony is living in Germany at the time, the Turkish judge may base the amount and duration of alimony on German law . However, in practice, judges often prefer to apply the Turkish Civil Code, citing reasons such as "Turkish public order" and "ease of domestic law."

4.3. International Enforcement and the Restriction of "Recognition and Enforcement"

For compensation or alimony awarded under foreign law to be enforced on real estate or salary in Türkiye, the following procedure is necessary:

1. Enforcement Requirement: If a foreign court decision contains a ruling on compensation/alimony, that decision cannot be enforced in Turkey without being enforced (confirmed) there
2. Public Order Review: In enforcement proceedings, Turkish courts review whether compensation awarded under foreign law violates "Turkish public order." For example, if the amount of compensation to be awarded in a divorce under foreign law is excessively high (exorbitant) compared to the economic circumstances of the parties, to the point of undermining the concept of "equity" under Turkish law, the Turkish judge may reject the enforcement request or grant partial enforcement.

In the divorce case we filed in Türkiye, my spouse wants the compensation laws of their own country to be applied. Is this possible?

Yes, it's possible. If you and your spouse are citizens of the same country (common national law) or if the divorce case is governed by the laws of that country, the amount of compensation will be determined according to those laws. However, the court will expect you to submit sworn translations of those foreign legal provisions.

My foreign spouse left Türkiye and returned to their country. Can I file a child support lawsuit there?

Yes, you can. According to Article 14/2 of the Turkish Code of Private International Law, the law governing your habitual residence applies to alimony payments. Therefore, you can enforce an alimony decision obtained through a lawsuit filed in your own country within Türkiye.

We received a "divorce without compensation" ruling from a foreign court. Can I file a compensation claim in Türkiye afterwards?

No. If a foreign court decision is "enforced," that decision becomes final in Türkiye. If you waived your right to compensation in a foreign court, or if the case was concluded without compensation, you cannot file a new compensation claim in Türkiye based on the same facts.

 LEGAL EFFECTS OF DIVORCE ON RESIDENCE PERMIT AND CITIZENSHIP

In Turkey, the legal rights of foreigners married to Turkish citizens undergo a significant legal transformation when the marriage ends in divorce. Law No. 6458 on Foreigners and International Protection (YUKK)and Law No. 5901 on Turkish Citizenshiprecognize divorce as a pivotal point determining the status of a foreigner in Turkey.

In this final section, we will examine the fate of a foreign spouse's residence permit after a divorce decree becomes final, its effects on the citizenship application process, and exceptions in "special circumstances" (such as being a victim of violence).

5.1. Termination and Conversion of Family Residence Permit (Law on Foreigners and Citizens, Article 36)

A "Family Residence Permit" obtained through a Turkish citizen spouse is a type of permit based on the existence of a marriage. This permit loses its basis for residency as soon as a divorce case is finalized.

• Permit Cancellation: Once the divorce decree is registered in the population records, the Directorate of Migration Management usually cancels the family residence permit.
• Short-Term Residence Permit Transition (Law on Foreigners and International Protection, Article 36/1-b): If a foreign spouse wishes to remain in Türkiye after a divorce, they can apply for a "Short-Term Residence Permit" if the conditions are met. To do this:
  • 3-Year Requirement: The foreigner must have resided in Turkey for at least 3 years with a family residence permit.
  • Good Faith: It is expected that the foreign party has not been grossly at fault or abused the family unit in the events leading to the divorce.

5.2. Exceptions for Foreign Victims of Violence

The legislator has introduced positive discrimination to protect foreigners who are forced to separate from their spouses due to domestic violence during the divorce process.

• The 3-Year Requirement is Not Required: If a foreign spouse has divorced their Turkish spouse domestic violence (physical, psychological) and proves this with a court decision (protective orders, etc.), they can apply directly for a short-term residence permit without the requirement of having resided in Turkey for 3 years.
• Humanitarian Residence Permit: In some cases, when returning to their home country poses a risk to the foreigner's safety, a Humanitarian Residence Permit directly (Law on Foreigners and International Protection, Article 46) .

5.3. Status of Acquired or Applied Citizenship

Divorce directly affects the fate of a citizenship application or acquired citizenship.

1. Foreigners in the Application Process: If a foreigner applying for citizenship through marriage to a Turkish citizen (having fulfilled the 3-year marriage requirement) divorces while the citizenship process is ongoing, their citizenship application will be rejected because the marriage has ended. This is because the fundamental requirement of "continued marriage" no longer exists.
2. Acquired Citizenship: If a foreigner acquired citizenship before the divorce (if the decision has become final), a subsequent divorce does not result in the revocation of citizenship. However, there is an exceptional case:
   • If it is proven that the marriage entered into to obtain citizenship was "fraudulent (collusive) ," the citizenship decision may be revoked retroactively .

I'm divorced, and my family residence permit hasn't expired yet. Do I have to leave the country immediately?

No, you don't have to leave immediately. However, your family residence permit has become invalid due to the divorce. Generally, within 10 days of the divorce decree becoming final, you must apply to the Immigration Administration to obtain another type of residence permit (tourist, work, short-term, etc.) or leave Türkiye. Failure to apply within this period risks administrative fines and deportation for "visa/residence violation".

I proved I was a victim of domestic violence during my divorce from my Turkish spouse. Will this make it easier for me to obtain a residence permit?

Yes, it provides a great advantage. According to Article 36 of the Law on Foreigners and International Protection, when you submit court decisions or police reports proving you are a victim of violence to the Directorate of Migration Management, you are entitled to a short-term residence permit without having to wait for the required 3-year period for a permanent residence permit.

I got divorced immediately after my citizenship interview; will my citizenship be revoked?

The process is completed when the citizenship decision is approved by the Presidency and published in the Official Gazette. If you divorced after the interview but before the decision became final, your citizenship application will be rejected due to "dissolution of marriage." However, if your citizenship decision was issued while your divorce case was ongoing, your citizenship will be preserved.