Compensation in Divorce Cases

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Compensation in Divorce Cases

Civil Code Article 174/1 states:’The innocent or less culpable party whose existing or anticipated interests are harmed by the divorce may request appropriate financial compensation from the culpable party.’The following provision is included:.

The relevant article provides a special regulation regarding claims for financial compensation in divorce cases. This regulation allows the party who is more at fault (if the spouse seeking the divorce is more culpable) to claim financial compensation if they have suffered or will suffer financial loss due to the divorce.

Financial compensation claimed after a divorce is a type of compensation aimed at mitigating the financial losses incurred by spouses whose marriage has ended. This is because, after a divorce, the termination of shared property negatively impacts the lifestyle and existing and expected benefits enjoyed during the marriage. Therefore, the purpose of financial compensation sought after a divorce is to compensate for the decrease in the spouses' assets resulting from the loss of benefits due to the dissolution of the marriage. In this regard, working with a divorce lawyer is crucial for determining the degree of fault in divorce cases and for presenting accurate and complete legal evidence.

Conditions for Financial Compensation in Divorce Cases:

As mentioned, a person whose existing and expected interests have been harmed due to the dissolution of the marriage may claim monetary compensation under Article 174/1 of the Civil Code. According to the relevant article of the law; ;

• The fact that the spouses are divorced,
• The party seeking financial compensation due to the divorce must have suffered damages to their monetary interests.,
• The spouse from whom monetary compensation is sought is more at fault,
• The compensation claim must be filed within a maximum of one year from the date the divorce decree that terminated the marriage becomes final.

How to Claim Financial Compensation in Divorce Cases?

Financial compensation that may be requested by the innocent or less culpable spouse who has suffered financial loss after a divorce can be requested together with the divorce case or separately from the divorce case.

Article 26 of the Code of Civil Procedure states: ’The judge is bound by the parties“ requests; he/she cannot decide on more than or something different from what is requested. Depending on the circumstances, he/she may decide on less than what is requested.” If you have not requested monetary compensation along with the divorce petition, it is legally impossible for the judge to decide on something that has not been requested. Therefore, if there is no request for monetary compensation, the judge cannot make a decision on his/her own initiative. Similarly, if the petition contains a statement such as "I request 30,000.00 TL in monetary compensation," the judge cannot decide on an amount higher than the requested 30,000.00 TL.

Maddi tazminat talebinin dava dilekçesinde açık ve net olarak belirtilmesi gerekmektedir. Talep edilen miktarının ne kadarının maddi, ne kadarının manevi tazminat olduğu açıklanmalıdır. Dava dilekçesinde ‘30.000,00 TL tazminat istiyorum’ şeklinde bir ifadenin yer alması maddi tazminat talebi için yeterli değildir. Dava dilekçesinden ve beyandan talep edilen miktarın ne kadarını maddi ne kadarının manevi tazminata ilişkin olduğunun tam olarak anlaşılması gerekmektedir. Maalesef uygulamada bireylerin, boşanma avukatına danışmadan arzuhalci veya kendileri tarafından yazılan boşanma dilekçelerinin usul yönünden reddini ve hukuki taleplerinin eksik olması sebebiyle hak kayıpları yaşadıklarını sıkça görmekteyiz.

Calculating Financial Compensation in Divorce Cases

In financial compensation claims filed during or after a divorce, many factors play a role in determining the amount of compensation. In particular, determining what the existing and expected benefits are and calculating the resulting damages is not easy. When determining the amount of financial compensation after a divorce, many factors are considered, including the economic and social situations of both parties, the duration of the marriage, the degree of fault of the parties in the divorce, the obligation to care for minor or disabled children, employment opportunities, whether one spouse is deprived of the other spouse's social security benefits due to the divorce, whether the parties can remarry, whether one party left their education or job trusting the other, the standard of living they maintained during the marriage, and the characteristics of their homes. If both parties are equally at fault in the events leading to the divorce, or if the party claiming financial compensation is more at fault, the claim will be rejected. Seeking legal support from a divorce lawyer in determining fault is therefore very important.

Method of Payment of Monetary Compensation

The judge who decides on financial compensation after a divorce also specifies in the decision how the financial compensation will be paid. Article 176/1 of the Civil Code states that 'Financial compensation and alimony may be decided to be paid in a lump sum or in installments, depending on the circumstances.'.
Therefore, depending on the specifics of each case, the judge may decide whether the monetary compensation should be paid in a lump sum or in installments, i.e., in periodic payments.

Increasing or Decreasing the Amount of Monetary Compensation

The amount of monetary compensation ordered by the judge to be paid in installments may be increased or decreased depending on changes in the financial circumstances of the parties and the necessity of equity. Article 176/4 of the Civil Code states that "The amount of monetary compensation may be increased or decreased depending on changes in the financial circumstances of the parties or the necessity of equity." Depending on the specific circumstances of the case, the amount of monetary compensation ordered to be paid in installments may be redetermined upon the request of the parties and according to the principle of equity, taking into account changes in their financial circumstances.
This regulation applies only to monetary compensation decisions that are ordered to be paid in installments at specific intervals. Therefore, it is not possible to reduce or increase the amount of monetary compensation decided to be paid in a lump sum.
 

Elimination of Monetary Compensation Amount

The amount of monetary compensation ordered by the judge to be paid in installments may be terminated in certain circumstances. Article 176/3 of the Civil Code states: "Monetary compensation or alimony ordered to be paid in installments shall automatically cease upon the remarriage of the creditor or the death of one of the parties; it shall be terminated by court order if the creditor lives as if married without actually being married, if their poverty ceases, or if they lead a dishonorable life." This provision means that the court order for periodic payments can be terminated if the recipient of monetary compensation remarries, lives as if married without actually being married, if their poverty ceases, if they lead a dishonorable life, or if one of the parties dies.

Statute of Limitations in Financial Compensation Claims Due to Divorce

There is a statute of limitations for claims for financial compensation that may be requested by the innocent or less culpable spouse who has suffered financial loss following a divorce. Article 178 of the Civil Code states: "The right to sue arising from the termination of marriage due to divorce is subject to a one-year statute of limitations from the date the divorce decree becomes final." Therefore, as with claims for moral damages, claims for financial compensation must be filed within one year of the finalization of the decision terminating the marriage.

For example, if the divorce case was finalized on January 1, 2021, the aforementioned lawsuit for financial compensation must also be filed by January 1, 2022.

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