QUICK ANSWER
The legal position in one minute
Article 174 permits a spouse who is without fault or less at fault to claim appropriate material compensation when existing or expected interests are harmed by divorce, and permits a spouse whose personal rights were attacked by events leading to divorce to claim non-pecuniary compensation from the spouse at fault. Pleading, fault findings, harm and proportionality must be addressed separately.
01
Material compensation and affected interests
Material compensation focuses on existing or reasonably expected interests harmed by the divorce. The claimant should identify the interest, explain the causal connection to the divorce and provide evidence capable of supporting an appropriate award.
A speculative future benefit or an unexplained round figure is vulnerable. Age, duration of marriage, economic position, earning capacity and the concrete expectations created during marriage may be relevant within the statutory test.
02
Non-pecuniary compensation for personal-rights harm
This claim concerns an attack on personal rights caused by events leading to divorce. Serious insults, violence, humiliation, privacy violations or similar conduct may be relevant depending on proof and context.
The petition should separate hurt feelings inherent in separation from a legally cognisable personal-rights violation. Medical, police, digital and direct-witness evidence should be connected to dated conduct.
03
Comparative fault and consistency
Fault findings are built from the events properly pleaded and proved. The claimant’s own conduct can affect entitlement even where the other spouse also acted wrongfully.
Allegations should remain consistent across the divorce ground, compensation request and any criminal or protection proceeding. Exaggeration can obscure the strongest provable events.
04
Amount, proportionality and payment form
The court considers the circumstances and the parties’ social and economic positions when determining an appropriate amount. Compensation should not be presented as a tariff or percentage of wealth.
The Civil Code regulates forms of payment for financial consequences of divorce. The requested structure, interest position and enforcement destination should be considered, especially when the debtor or assets are abroad.
05
Compensation across borders
Applicable law, currency, overseas assets and recognition or enforcement can change the practical value of an award. A Turkish judgment does not automatically collect itself in another country.
Identify where the paying spouse and attachable assets are located before finalising the claim. Foreign proceedings should be disclosed so that overlapping awards and inconsistent factual positions can be managed.
DOCUMENT PREPARATION
Documents to organise before an initial review
Do not send originals until the receiving authority and required form have been identified. Begin with legible, complete copies and retain the source, page order and verification details.
- Chronology of the events leading to divorce
- Evidence supporting comparative fault
- Medical, police or protection-order records
- Income, asset and lifestyle material relevant to proportionality
- Evidence of the harmed existing or expected interest
- Details of the respondent and assets for enforcement planning
COMMON QUESTIONS
Questions international families often ask
Is compensation automatic when one spouse is at fault?
No. The statutory elements, comparative fault, harm and an appropriate request must be established.
Is non-pecuniary compensation the same as maintenance?
No. They serve different purposes and have different legal requirements.
Is there a fixed calculator for divorce compensation?
No. An appropriate amount depends on the statutory test, the proven events and the parties’ circumstances.
Can a Turkish award be enforced abroad?
Possibly, but the recognition and enforcement law of the destination country must be checked before relying on collection there.
PRIMARY MATERIAL
Official sources used for this guide
Legislation and treaty status can change. Open the official source and check the current text before relying on a rule for a live case.
Istanbul Bar Association lawyer • practising since 1999