Is Divorce Alone Sufficient to Obtain Compensation?

Maintenance and Compensation

Prepared by: Constantinople

No. Where Turkish law applies, pecuniary and non-pecuniary compensation do not arise automatically merely because marriage ends. Pecuniary compensation concerns existing or expected interests harmed by divorce; non-pecuniary compensation concerns infringement of personality rights through the events leading to divorce. Assessment of fault and proof of events matter for each claim. Maintenance and matrimonial property entitlements do not replace these claims.

For example, it must be explained not only that an event occurred during marriage but also which legal claim it supports. Witness evidence, correspondence, official records and other evidence must be obtained lawfully. Unrealistic fixed figures or outcome promises cannot be made for the same event. The parties' financial circumstances, seriousness of the events and requirements of the claim are considered together. The rules on payment methods also differ for pecuniary and non-pecuniary compensation.

Where Turkish law applies, Article 176 TMK allows pecuniary compensation and post-divorce maintenance to be paid as a lump sum or, as circumstances require, periodically. Non-pecuniary compensation cannot be ordered in periodic payments. The payment methods for maintenance, pecuniary compensation and non-pecuniary compensation should therefore not be treated as identical.

Initially, date the events you believe led to divorce and state the document available for each. In a paid written review, we assess these events and documents separately under fault, loss of interests and personality rights, identifying which evidence supports which allegation and any omissions. Any previously signed settlement, waiver or foreign judgment should be examined at the outset. Whether the claim is advanced within divorce proceedings or separately, and the applicable deadlines, are checked separately. With a foreign connection, Turkish-law requirements should not be directly applied to every claim before determining the governing law.