Ataşehir Divorce Lawyer - Financial and Non-Pecuniary Compensation in Divorce
Divorce is not merely a legal process that results in the termination of a marriage. The events leading to the end of the marriage may affect the spouses' existing or expected financial interests and may also cause harm to their personality rights. For this reason, the Turkish Civil Code allows financial and non-pecuniary compensation to be claimed due to divorce where the relevant statutory conditions are satisfied.
Financial and non-pecuniary compensation arising from divorce are closely connected with the spouses' respective degrees of fault. For financial compensation, the position of the faultless or less-faulty spouse whose existing or expected interests have been damaged as a result of divorce is considered, whereas non-pecuniary compensation concerns the spouse whose personality rights have been infringed by the events leading to divorce.
Therefore, when compensation arising from divorce is assessed within the scope of an Ataşehir divorce lawyer, Istanbul divorce lawyer, Ümraniye divorce lawyer, Üsküdar divorce lawyer, Çekmeköy divorce lawyer or family law lawyer, it is necessary to consider not only the divorce judgment but also the spouses' respective fault, the events that occurred during the marriage, their economic circumstances and conduct affecting personality rights.
What Are Financial and Non-Pecuniary Compensation in Divorce?
Financial and non-pecuniary compensation in divorce are two separate forms of compensation regulated under Article 174 of the Turkish Civil Code and arising from the consequences of divorce.
Financial compensation is intended to provide appropriate compensation for the economic loss suffered by a faultless or less-faulty spouse whose existing or expected interests have been damaged as a result of divorce.
Non-pecuniary compensation is a legal claim intended to compensate, through an appropriate amount of money, the non-material harm suffered by a spouse whose personality rights have been infringed by the events leading to divorce.
Because the conditions applicable to these two forms of compensation differ, claims for financial and non-pecuniary compensation must be assessed separately.
What Are the Conditions for Financial Compensation in Divorce?
Under Article 174/1 of the Turkish Civil Code, the faultless or less-faulty party whose existing or expected interests are damaged by divorce may request appropriate financial compensation from the party at fault.
Accordingly, the principal considerations for financial compensation include the granting of the divorce, the requesting spouse being faultless or less at fault than the other spouse, the other spouse being at fault, and the requesting spouse's existing or expected interests having been damaged because of the divorce.
The amount of compensation is separately determined according to the circumstances of each case.
What Does “Existing or Expected Interest” Mean?
One of the important elements of financial compensation in divorce is damage to existing or expected interests as a result of the divorce.
An existing interest may refer to economic advantages enjoyed by a spouse while the marriage continued and lost as a consequence of divorce. An expected interest concerns economic benefits that could reasonably have been expected to arise in the future if the marriage had continued.
However, not every economic change occurring upon divorce automatically creates a right to financial compensation. There must be a legally relevant connection between the alleged loss and the divorce and the events that caused the marital union to end.
Can a Spouse at Fault Claim Financial Compensation?
The spouses' respective degree of fault is one of the determining factors for financial compensation.
Under Article 174/1, the party requesting financial compensation must be faultless or less at fault than the other party. Therefore, a spouse found to be more seriously at fault for the events leading to divorce will, as a rule, not succeed in a claim for financial compensation.
Where the spouses are found equally at fault, whether the conditions for financial compensation are satisfied must also be separately considered in terms of the fault requirement.
Accordingly, determining which spouse is at fault and to what extent in divorce proceedings directly affects the outcome of compensation claims.
What Are the Conditions for Non-Pecuniary Compensation in Divorce?
Under Article 174/2 of the Turkish Civil Code, a party whose personality rights have been infringed by the events leading to divorce may request an appropriate amount of money as non-pecuniary compensation from the spouse at fault.
For non-pecuniary compensation, the granting of a divorce alone is insufficient. The events leading to divorce must also constitute an infringement of the requesting spouse's personality rights.
Therefore, non-pecuniary compensation is not automatically awarded in every divorce case.
What Conduct May Give Rise to Non-Pecuniary Compensation?
The determining factor for non-pecuniary compensation is whether the events leading to divorce infringed the spouse's personality rights.
Insults, humiliation, physical violence, serious violations of the duty of fidelity or conduct damaging a spouse's honour and reputation may, depending on the circumstances, be considered when assessing non-pecuniary compensation.
However, not every argument, disagreement or negative incident within a marriage is sufficient to justify non-pecuniary compensation. The court considers both the nature of the events and their effect on personality rights.
Can Adultery Be Grounds for Non-Pecuniary Compensation?
A violation of the duty of fidelity within marriage may have significant consequences for the assessment of fault in divorce proceedings.
The effect of adultery or other conduct violating the duty of fidelity on the other spouse's personality rights may be assessed together with the manner in which the conduct occurred. A claim for non-pecuniary compensation may therefore arise in divorce proceedings involving adultery or similar unfaithful conduct.
However, whether compensation will be awarded and its amount are determined by the court according to the circumstances of each case.
Is Physical Violence Grounds for Non-Pecuniary Compensation?
Physical violence is serious conduct directly affecting a spouse's bodily integrity and personality rights.
Where physical violence is among the events leading to divorce, the spouse subjected to the violence may claim non-pecuniary compensation.
The nature of the violence, whether it was repeated, its impact on the parties and the evidence contained in the case file are relevant to the compensation assessment.
Can Non-Pecuniary Compensation Be Claimed for Insults and Humiliation?
Systematic insults, humiliation or degrading conduct by one spouse against the other may result in an infringement of personality rights.
Where such conduct forms part of the events leading to divorce, a claim for non-pecuniary compensation may arise.
However, the court considers the nature of the statements, the manner in which the incidents occurred, their continuity and the spouses' mutual conduct.
Can Psychological Violence Be the Subject of Non-Pecuniary Compensation?
Psychological violence may also constitute conduct requiring assessment in terms of fault and non-pecuniary compensation in divorce proceedings.
Conduct such as continuously humiliating or devaluing a spouse, threatening them, attempting to isolate them from their social environment or systematically applying psychological pressure may, depending on the circumstances, constitute an infringement of personality rights.
However, it is important for allegations of psychological violence to be established through concrete events and lawfully obtained evidence.
How Is Fault Determined for Compensation in Divorce?
Fault in divorce proceedings is assessed by examining the spouses' conduct that caused the marital union to end.
The court does not rely solely on the allegations of one spouse. Statements in the claim and defence petitions, witness testimony, documents and other lawfully obtained evidence are assessed to determine what conduct each spouse engaged in and how that conduct affected the marital union.
The determination of fault forming the basis of the divorce is also highly important for compensation claims.
How Is the Amount of Compensation Determined in Divorce?
The Turkish Civil Code does not prescribe a fixed amount of compensation.
The court awards an “appropriate” amount according to the circumstances of the particular case. The spouses' economic and social circumstances, the seriousness of fault, the conditions of the marriage, the financial consequences of divorce and, for non-pecuniary compensation, the nature of the infringement of personality rights may affect the assessment.
It is therefore possible for different compensation amounts to be awarded in two divorce cases that may initially appear similar.
Should Compensation Enrich One of the Parties?
The purpose of compensation in divorce is not to enable one spouse to become unjustly enriched at the expense of the other.
Particularly in relation to non-pecuniary compensation, the purpose is to compensate the non-material harm caused by an infringement of personality rights with an amount appropriate to the circumstances.
Financial compensation is intended to provide appropriate compensation for existing or expected interests damaged by the divorce.
Accordingly, the amount requested and the amount ultimately awarded will not necessarily be identical.
Can Financial and Non-Pecuniary Compensation Be Claimed Together?
Yes.
Where their respective conditions are independently satisfied, both financial and non-pecuniary compensation may be claimed in the same divorce proceedings.
For example, a faultless or less-faulty spouse whose economic interests have been damaged by divorce and whose personality rights have also been infringed by the events leading to divorce may, where the relevant conditions exist, claim both forms of compensation.
However, the court assesses the requirements for financial and non-pecuniary compensation independently.
Are Compensation and Alimony the Same?
No.
Financial or non-pecuniary compensation arising from divorce and alimony are separate legal institutions.
Financial compensation is intended to appropriately compensate the loss suffered by the spouse whose existing or expected interests have been damaged by divorce. Non-pecuniary compensation is connected with an infringement of personality rights.
Poverty alimony is a separate arrangement under which a spouse who will fall into poverty as a result of divorce may, subject to the statutory conditions, request financial support from the other spouse.
Accordingly, where the conditions are satisfied, both compensation and alimony claims may arise in the same divorce proceedings.
Is the Fault Requirement for Poverty Alimony the Same as for Compensation?
No.
Under Article 175 of the Turkish Civil Code, a spouse who will fall into poverty as a result of divorce may request indefinite alimony in proportion to the other spouse's financial capacity, provided that the requesting spouse's fault is not more serious. Fault on the part of the spouse required to pay alimony is not necessary.
For financial compensation, however, Article 174/1 requires the requesting spouse to be faultless or less at fault and the other spouse to be at fault.
Accordingly, the legal effect of fault is not identical for alimony and compensation.
Can Compensation Be Claimed While Divorce Proceedings Are Ongoing?
Yes.
Claims for financial and non-pecuniary compensation may be raised within divorce proceedings.
Where compensation is claimed in the divorce case, the court assesses the spouses' fault and compensation claims together with the conditions for divorce.
It is important that the legal basis of the claim and the amount of compensation requested be properly stated.
Can Compensation Proceedings Be Brought After the Divorce Judgment?
The Turkish Civil Code provides a specific limitation period for rights of action arising from the ancillary consequences of divorce.
Under Article 178, rights of action arising from the termination of marriage by divorce become time-barred one year after the divorce judgment becomes final.
This period is therefore particularly important where claims for financial or non-pecuniary compensation that were not raised during the divorce proceedings are subsequently pursued.
Which Court Has Jurisdiction Over Compensation Claims in Divorce?
Cases and matters arising from divorce and family law fall within the jurisdiction of family courts. Law No. 4787 provides that family courts are established to hear matters arising from family law and that disputes arising under the family-law provisions of the Turkish Civil Code fall within their jurisdiction.
In places where no family court has been established, cases and matters falling within the scope of the law may be heard by the designated civil court of first instance acting in the capacity of a family court.
Why Is Evidence Important in Compensation Claims in Divorce?
The outcome of financial and non-pecuniary compensation claims is closely connected with proving the events that caused the divorce and the spouses' respective fault.
Witness statements, written documents, messages, photographs, social-media content, official records and other lawfully obtained evidence may be considered depending on the circumstances.
However, the mere existence of evidence does not necessarily mean that it was lawfully obtained. Particularly for records concerning private life and communications, the manner in which the evidence was obtained must also be assessed.
Can Equally Faulty Spouses Receive Compensation?
Because Article 174/1 requires the party seeking financial compensation to be faultless or less at fault, a finding of equal fault is important for the compensation claim.
For non-pecuniary compensation, the other spouse's fault and whether the requesting spouse's personality rights were infringed by the events leading to divorce must also be assessed.
Accordingly, the court's determination of the spouses' respective fault may directly affect the outcome of compensation claims.
Can Financial and Non-Pecuniary Compensation Be Claimed in an Uncontested Divorce?
In an uncontested divorce, the spouses must reach agreement concerning the financial consequences of divorce.
Accordingly, the spouses may expressly regulate financial compensation, non-pecuniary compensation and alimony in their uncontested divorce protocol.
They may agree that neither spouse will claim compensation from the other or agree on payment of a specified amount of compensation.
Clear wording in the protocol is important in preventing subsequent disputes concerning the financial consequences of divorce.
How Is Compensation Assessed in a Contested Divorce?
In contested divorce proceedings, the spouses generally make conflicting allegations concerning the events leading to divorce and the question of fault.
The court assesses the facts and evidence submitted by the parties and determines whether divorce should be granted and the spouses' respective fault.
Where financial and non-pecuniary compensation have been claimed, those claims are also assessed according to the established fault and the other statutory conditions.
The outcome of compensation claims in contested divorce proceedings is therefore closely connected with proof of the grounds for divorce and the assessment of fault.
Is Compensation Paid as a Lump Sum or as Periodic Payments?
Article 176 of the Turkish Civil Code contains provisions concerning the method of payment of financial compensation and alimony.
Financial compensation may be ordered as a lump sum or, where required by the circumstances, in the form of periodic payments. Non-pecuniary compensation cannot be ordered in the form of periodic payments.
This distinction is one of the consequences of the different legal nature of financial and non-pecuniary compensation.
Can Financial Compensation Paid Periodically Be Changed Later?
The law contains specific provisions concerning financial compensation ordered in the form of periodic payments.
Where the parties' financial circumstances change or equity so requires, an increase or reduction of the periodic payment may become relevant.
The law also provides specific consequences for periodic payments in circumstances such as the recipient's remarriage or the death of one of the parties.
The method of payment may therefore affect the subsequent legal status of compensation.
Does a Compensation Claim in Divorce Pass to Heirs?
The legal nature of compensation arising from divorce and the procedural stage of the claim may be important in determining its consequences under inheritance law.
Because non-pecuniary compensation is closely connected with personality rights, issues such as whether the claim was asserted and whether the compensation receivable became final are important in the assessment.
Accordingly, where one of the spouses dies, the legal status of a compensation claim or a finalised compensation receivable must be separately examined according to the circumstances.
Are Compensation and Division of Marital Property the Same?
No.
Financial and non-pecuniary compensation arising from divorce and liquidation of the matrimonial property regime are separate legal institutions.
Division of property concerns the termination of the property regime applicable to the spouses during marriage and liquidation of their assets according to the relevant matrimonial-property rules.
Compensation, on the other hand, depends on the consequences of divorce and the spouses' respective fault under Article 174.
Accordingly, the existence of a spouse's receivable arising from liquidation of the matrimonial property regime does not by itself prevent that spouse from separately claiming financial or non-pecuniary compensation where the conditions are satisfied.
Divorce and Compensation Proceedings in Ataşehir
In divorce proceedings conducted in Ataşehir and throughout Istanbul, several legal matters such as financial and non-pecuniary compensation, alimony, child custody and liquidation of the matrimonial property regime may arise within the same proceedings or in connected cases.
For compensation claims, it is particularly important to correctly determine the spouses' respective fault, prove the events leading to divorce, establish the loss of existing or expected interests and, for non-pecuniary compensation, assess the infringement of personality rights.
Therefore, when compensation claims are assessed within the scope of an Ataşehir divorce lawyer, Istanbul family lawyer, Ümraniye divorce lawyer, Üsküdar divorce lawyer, Çekmeköy divorce lawyer, family law lawyer or divorce lawyer, the particular circumstances of each case must be separately considered.
Ataşehir Divorce Lawyer Assistance
Legal assistance concerning financial and non-pecuniary compensation in divorce may include assessing the events leading to divorce, examining the spouses' respective fault, determining whether the conditions for compensation are satisfied, legally evaluating evidence, preparing claim and defence petitions, raising compensation claims and conducting proceedings before the family court.
In uncontested divorce proceedings, it is also important that the spouses' intentions concerning financial and non-pecuniary compensation be clearly and legally effectively reflected in the divorce protocol.
Conclusion
Financial and non-pecuniary compensation in divorce are two different legal institutions intended, under specified conditions, to address the economic and personal consequences of the termination of the marital union.
For financial compensation, the position of the faultless or less-faulty spouse whose existing or expected interests have been damaged as a result of divorce is assessed. For non-pecuniary compensation, the relevant question is whether the events leading to divorce constituted an infringement of the spouse's personality rights.
For both forms of compensation, the spouses' respective fault, the nature of the events leading to divorce, the available evidence and the circumstances of the particular case are decisive. Financial and non-pecuniary compensation differ from each other and also have legal consequences distinct from alimony and claims arising from liquidation of the matrimonial property regime.
The statutory one-year limitation period beginning from the date on which the divorce judgment becomes final must also be taken into account for rights of action arising from the ancillary consequences of divorce.
Accordingly, issues concerning financial compensation in divorce, non-pecuniary compensation in divorce, how divorce compensation is calculated, non-pecuniary compensation due to adultery, fault in divorce, Ataşehir divorce lawyer, Istanbul divorce lawyer, Ümraniye divorce lawyer, Üsküdar divorce lawyer and Çekmeköy divorce lawyer should be assessed separately according to the circumstances of each divorce case.