One of the most asked-about aspects of a divorce case is divorce compensation. The Turkish Civil Code provides two separate items: material compensation, which meets the impairment of existing or expected interests because of the divorce, and moral compensation, which meets the harm to personal rights. These two claims differ from poverty maintenance and from property division; although often confused, their legal bases, conditions and methods of calculation are separate. Claiming the right item on the right basis prevents both a loss of rights and needless cost and delay.
Material compensation: who can claim it, and from whom? #
Under Article 174 of the Civil Code, a party whose existing or expected interests are impaired because of the divorce and whose fault is the lesser may claim material compensation from the at-fault spouse. The basic criterion here is the balance of fault: the claiming spouse must not be more heavily at fault than the other. Where fault is equal, or the claimant is more heavily at fault, the claim is as a rule rejected. The notion of "expected interest" is broad; for example the loss of the economic security provided by the spouse, the loss of social status, or the ending of an inheritance expectation may be assessed within it. The calculation takes account together of the duration of the marriage, the parties' ages, education and income, and the concrete security lost through the divorce.
Moral compensation: in which case? #
A party whose personal rights are attacked because of the events leading to the divorce may additionally claim moral compensation. Adultery, physical or verbal violence, grave insult, conduct destroying trust, and desertion are typical examples. Here too the claiming party's fault must not be heavier than the other's. The aim of moral compensation is to meet, to a degree, the distress suffered and the injury to dignity; it is not a means of enrichment or of punishment. For this reason the court weighs the gravity of the event against the parties' circumstances and sets a proportionate amount, giving no weight to excessive claims.
Difference from maintenance and property division #
Distinguishing these three concepts is essential for framing the case correctly:
- Poverty maintenance is a regular payment directed at the future; it is for the spouse who would fall into poverty through the divorce, and its fault criterion is more flexible. Unlike compensation, it is not a one-off payment.
- Property division is the liquidation of the property acquired during the marriage under the statutory regime and, as a rule, proceeds independently of fault; we addressed its detail in our article on participation in acquired property.
- All types of maintenance — with the distinction between interim, participation and poverty maintenance — can be found in our maintenance guide.
Material and moral compensation, by contrast, depend directly on fault and are usually paid in one sum; payment by instalments may also be ordered.
By when can it be claimed? #
These claims are as a rule raised together with the divorce case and assessed within a single file. If they were not claimed during the case, they can be claimed by a separate action within one year of the divorce decision becoming final. This one-year period is a limitation period (Civil Code art. 178); once it has passed, the other side can defeat the claim by raising the limitation defence. For this reason it is very important to state these items in the divorce petition from the start, on the right basis and with a realistic amount. Procedural routes such as amendment (ıslah) may later come into play for increasing the amount.
How is the amount determined? #
The court assesses together the parties' economic and social circumstances, the gravity of the fault, the duration of the marriage and the nature of the interest impaired. If the amount claimed is disproportionate to these criteria, the court reduces it to a suitable figure; a claim set too low, on the other hand, leads to a loss of rights. It is therefore important that the claim is set in line with the state of the evidence and with comparable practice.
The fee on a compensation claim: 2026 amounts #
The divorce case itself is subject to a fixed fee; claims for pecuniary and non-pecuniary damages, by contrast, are subject to a proportional fee on the amount claimed. In 2026:
- Application fee: 335.20 TL
- Fixed decision and judgment fee (for the divorce): 732 TL
- Proportional decision and judgment fee: 6.831 per thousand of the amount claimed; a quarter of it is paid up front when the action is filed and the remainder is completed after the decision
The expense advance (service, witnesses, experts) is added to this. A party unable to meet the fee may request legal aid; if granted, the fees and costs are temporarily met by the state. The winning party recovers the fee it paid from the other side. For the full picture of case costs see our article on divorce case costs.
Because the up-front fee is calculated on the amount claimed, writing in an excessive figure has a direct effect on the pocket: a high claim means a high advance fee, and the fee on the part that is dismissed is not refunded.
Lump sum, instalments and payment as an annuity #
Pecuniary damages are as a rule paid as a lump sum; the judge may, however, order payment in instalments having regard to ability to pay. The law recognises a third route as well: payment of pecuniary damages as an annuity, that is in regular monthly payments (Civil Code art. 176/1).
In which cases does annuity payment come to an end? #
Pecuniary damages ordered to be paid as an annuity fall away automatically if the receiving party remarries or if either party dies. Where the recipient lives as though married without marrying, ceases to be in need, or leads a dishonourable life, it is terminated by court decision (Civil Code art. 176/3). Compensation paid as a lump sum, by contrast, falls outside these provisions; once paid it is not reclaimed.
Can it be varied later? #
Compensation paid as an annuity may be increased or reduced where the parties’ financial position changes or equity so requires (Civil Code art. 176/4). There is no such route for a lump sum. We explain how actions for increase and termination of maintenance work in our article on the action to increase or terminate maintenance.
What if the compensation is not paid? #
The compensation ruling cannot be enforced before the divorce decision becomes final; decisions concerning personal status are not carried out before they are final. Once the decision is final, the route is as follows:
- A judgment bearing the finality endorsement and, if needed, a copy of the judgment is obtained from the court.
- An enforcement based on a judgment is opened at the enforcement office; an enforcement order is sent to the debtor.
- If payment is not made within seven days of service of the enforcement order, attachment may be requested; salary, bank accounts, vehicles and immovable property may be attached.
Unless otherwise ordered, interest runs as a rule not from the date of the decision but from the date of the action or the date stated in the judgment; it is therefore important that the starting point of interest appears clearly in the judgment. For the limits on salary attachment and how to have it lifted see our article on how to lift a salary attachment.
Unlike a maintenance debt, non-payment of a compensation debt is not tied to the sanction of coercive imprisonment; the complaint route under Article 344 of the Enforcement and Bankruptcy Law exists only for unpaid maintenance.
Common mistakes in practice #
Compensation claims are, most often through a lack of legal knowledge, either not claimed at all or wrongly framed. The most common mistakes are:
- Not raising the claim at all: When compensation is not sought in the divorce petition, only the option of a separate action within one year remains — and that period too is often missed.
- Not documenting fault: Since compensation depends on fault, facts such as adultery, violence or desertion must be shown by evidence such as witnesses, messages and reports.
- Confusing the items: When it is overlooked that maintenance, property division and compensation have separate bases, the claims are left incomplete.
- An unrealistic amount: Excessive claims are reduced by the court and cause needless costs; too low a claim leads to a loss of rights.
For this reason the claims should be planned as a whole, according to the state of the evidence, before the action is brought. You can reach our work on our family and divorce law page.
This content is for general information only; it does not replace legal advice on a specific matter. Conditions and periods may change according to the legislation in force.
