In divorce cases, financial aspects are often crucial in determining the outcome for both parties. Among these are financial compensation and non-pecuniary damages, which serve to address the monetary and emotional harm suffered by one of the spouses. In Turkish Law, these two categories of compensation are regulated under the Turkish Civil Code to ensure fairness and justice in divorce settlements.
This article explores how financial compensation and non-pecuniary damages are determined and claimed in divorce cases, shedding light on the legal criteria and factors involved.
1. Financial Compensation in Divorce Cases
Financial compensation refers to the payment made by one spouse to the other as a result of material damage caused by the divorce. It is designed to address the economic imbalance that arises when one party has been financially disadvantaged during or after the marriage.
1.1. Legal Basis for Financial Compensation
Under Article 174 of the Turkish Civil Code, financial compensation is granted if one spouse is deemed to have been harmed by the conduct of the other. The key factors include:
Fault: Financial compensation is typically awarded when the spouse requesting it is less at fault or entirely faultless for the breakdown of the marriage.
Economic Disparity: The court examines the financial situation of both parties and whether one party will be disadvantaged after the divorce.
The goal is to provide financial relief to the spouse who will suffer financially after the dissolution of the marriage.
1.2. Types of Financial Compensation
There are two main types of financial compensation that may be awarded in divorce cases:
Compensation for Loss of Future Earnings: This compensation is provided to the spouse who may lose financial support or earning potential due to the divorce.
Compensation for Property Loss: This type is awarded if one spouse’s assets or financial resources have been unjustly diminished during the marriage.
1.3. Determining the Amount of Financial Compensation
The court considers several factors when determining the amount of financial compensation:
Duration of the Marriage: Longer marriages may result in higher compensation due to greater economic interdependence.
Living Standards: The court assesses the standard of living during the marriage to determine what the economically weaker spouse should maintain post-divorce.
Fault: The level of fault attributed to the spouse may impact the compensation awarded.
2. Non-Pecuniary Damages in Divorce Cases
Non-pecuniary damages refer to compensation for the emotional suffering and psychological distress caused by the divorce. These damages are awarded to the spouse who has experienced mental anguish due to the fault or misconduct of the other spouse, such as infidelity or abusive behavior.
2.1. Legal Grounds for Non-Pecuniary Damages
Non-pecuniary damages are also regulated under Article 174 of the Turkish Civil Code. The key criteria for awarding these damages include:
Severe Emotional Harm: The spouse seeking compensation must demonstrate that they have suffered significant emotional or psychological damage as a result of the other spouse’s actions.
Degree of Fault: The more at fault the offending spouse is, the more likely non-pecuniary damages will be awarded.
2.2. Examples of Grounds for Non-Pecuniary Damages
Some examples of situations that may lead to the award of non-pecuniary damages include:
Infidelity: Adultery often leads to significant emotional trauma, making the affected spouse eligible for non-pecuniary damages.
Domestic Violence: Psychological or physical abuse can lead to mental anguish, justifying non-pecuniary damages.
Defamation: Publicly humiliating or damaging the reputation of a spouse may also warrant non-pecuniary compensation.
2.3. Determining the Amount of Non-Pecuniary Damages
Courts consider the following factors when calculating non-pecuniary damages:
Intensity of Emotional Suffering: The degree of emotional distress caused by the wrongful actions is a major determinant.
Fault and Conduct: The behavior of the offending spouse, including whether the wrongful actions were intentional, can affect the amount of damages.
Socioeconomic Status: Although non-pecuniary damages are not tied to financial loss, the court may consider the social standing and living conditions of both parties.
3. Filing a Claim for Financial Compensation and Non-Pecuniary Damages
3.1. Timing of the Claim
A claim for financial compensation or non-pecuniary damages must be filed as part of the divorce proceedings. In addition, a claim for pecuniary compensation can also be filed within a period of one year after the divorce decision is finalized. At the end of one year, the right to claim financial compensation becomes statute of limitations.
3.2. Legal Procedure for Compensation
The legal procedure for filing for financial compensation and non-pecuniary damages involves presenting a detailed case that demonstrates:
The Fault of the Other Spouse: Evidence must show the other spouse’s fault or misconduct.
The Harm Suffered: For both financial compensation and non-pecuniary damages, the harm must be proven through financial documents, witness testimony, or psychological reports.
Both claims are heard by the Family Court, which evaluates the evidence and issues a ruling.
4. Enforcement and Modification of Compensation Awards
4.1. Enforcement of Compensation
Once the court grants financial compensation or non-pecuniary damages, enforcement follows the standard legal procedures for debt collection in Turkiye. The spouse entitled to compensation can request enforcement through legal means if the other party fails to pay.
4.2. Modification or Termination of Compensation
While non-pecuniary damages are a one-time payment, financial compensation can be subject to modification. If the circumstances of either party change—such as a significant increase or decrease in income—the court may reassess the financial compensation and adjust it accordingly. Requests for modification must be submitted to the court with supporting evidence.
5. A Tip Which Arises from Experience: Psychiatric Reports as Evidence for Non-Pecuniary Damages
In divorce cases involving claims for non-pecuniary damages, proving emotional and psychological harm is essential. One of the most effective ways to demonstrate this is through a psychiatric report. A detailed evaluation from a licensed psychiatrist can serve as compelling evidence of the emotional trauma caused by the actions of the offending spouse.
We would like to add that in Turkiye, some health reports and diagnoses are not shared directly with patients. In such a case, the patient must request the court to bring the necessary reports from the hospital where they received psychiatric treatment.
6. Rightful Grounds for a Divorce
What issues or behaviors can be addressed as grounds for a divorce? Please check our “Grounds for Divorce in Turkiye” article.
7. Methods and Process of a Divorce
For methods and process of a divorce, we recommend you to read our article “Divorce in Turkey: Process, Tips and Consequences”
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