KÜHEYLAN HUKUK
Material and Spiritual Compensation in Divorce (2026) TMK art. Conditions of Compensation within the Scope of Article 174, Fault Assessment, Determination of Amount and One Year Limitation have been updated as of 2026
Divorce can damage the current or expected interests of one of the spouses and seriously harm their personal rights. TMK m. Article 174 provides two separate claims for compensation for these damages: pecuniary and non-pecuniary damages. The determining factor in both types of compensation is the fault of the parties: the spouse seeking compensation must be less at fault or faultless than the other party. The request may be submitted together with the divorce case, or it may be requested in a separate case within one year from the finalization of the divorce decision.
TMK m. Pursuant to Article 174/1, the faultless or less faulty party whose current or expected interests are damaged by the divorce may request appropriate financial compensation from the faulty party. Financial compensation is compensation for the loss of the economic security provided by marriage.
Benefiting from the spouse's income and the standard of living provided by the marriage union,
Job or career opportunity abandoned due to marriage.
Financial compensation, unlike alimony, is a lump sum paid at once. There is no obstacle to requesting it along with poverty alimony; because the legal basis and purpose of the two requests are different.
TMK m. According to Article 174/2, the party whose personal rights have been violated due to the events that led to the divorce may request the payment of an appropriate amount of money as non-pecuniary compensation from the other party who is at fault. What is sought here is that the events leading to divorce are serious enough to violate personal rights. Physical violence, serious insults, deception, threats and humiliating behavior are the most typical reasons for non-pecuniary damages. Ordinary disagreements, ordinary arguments and character disagreements are not considered attacks on personal rights. Criterion Material Compensation Non-pecuniary Compensation
Fault clause The plaintiff must be at fault or less at fault The defendant must be at fault; The plaintiff's fault must not be more severe
Additional condition Presence of loss of interest Concrete incident that violates personal rights
The outcome of compensation cases is largely determined by how the court determines the faults of the parties. The Supreme Court requires that the determination of fault be based only on the concrete events put forward and proven in the petition, and that the faults of the parties be compared and clearly shown in the justification. In case of equal fault, neither party can receive compensation from the other. The fully at fault spouse is exposed to the other party's claim for compensation.
Disrespecting the spouse's family or remaining silent about their family's interference in the marriage,
Failure to fulfill sexual obligations without justified reason.
4. How is the Amount of Compensation Determined?
The law speaks of “appropriate” compensation; Therefore, the amount is at the discretion of the judge. The judge made this assessment according to TMK art. Uses it equitably in accordance with Article 4. The prominent criteria in the jurisprudence of the Supreme Court are as follows:
Compensation should not turn into a tool for enrichment, but should not lose its deterrent effect.
During the period of high inflation, the Supreme Court overturns low compensations that do not take into account the decrease in the purchasing power of money. For this reason, the complete reflection of the economic situation of the parties in the file (pay slips, title deed and vehicle records, bank account information) directly affects the amount of compensation.
TMK m. According to Article 178, lawsuit rights arising from the termination of marriage due to divorce become statute-barred after one year has passed since the divorce decision became final. If compensation is requested together with the divorce case, interest will accrue from the date the divorce decision becomes final, according to the Supreme Court practice. The judgment regarding compensation cannot be enforced until the divorce decision is finalized.
It was understood that during the twelve-year marriage, the man regularly insulted his wife and used physical violence once, and this was documented in a hospital report. It is proven by witness statements that the woman refuses to visit her husband's family. The woman did not work during the marriage and has health insurance through her husband's SSI record.
Insults and physical violence are serious offenses; It is a slight fault for a woman not to visit her husband's family. Since the woman is less at fault, she is entitled to financial compensation (loss of health insurance and economic support) and non-pecuniary compensation due to the attack on her personal rights. The man's compensation claims are rejected due to his serious fault. The woman may also request alimony.
Can compensation be requested in a consensual divorce?
Yes, but compensation must be agreed in the protocol. If the claim for compensation is waived in the protocol, a separate lawsuit cannot be filed later.
Do I have to pay a fee for compensation?
According to the practice of the Supreme Court, no relative fee is charged on the amount requested for the compensation requested together with the divorce case, as an annex to the divorce; Fixed mortar is applied. This makes it economically advantageous to assert the claim within the lawsuit.
Can I seek compensation for a fault I discovered after the divorce?
A separate lawsuit can be filed within one year after the divorce decision becomes final; However, the assessment of fault depends on the findings in the divorce decision. If no fault examination has been carried out in the divorce case, the new case allows for a more comprehensive evaluation.
What happens if compensation is not paid?
The final compensation award is followed through execution by judgment; The debtor's salary, bank accounts and real estate may be seized.
Not describing concrete events in the lawsuit petition by specifying the date and place; The court cannot determine fault based on facts not included in the petition.
Not documenting violent incidents with a hospital report or law enforcement report.
Not reflecting the economic situation of the parties in the file; This leads to low compensation.
Unknowingly waiving the right to compensation in the consensual divorce protocol.
Missing the one-year statute of limitations.
Compensation in divorce is the legal equivalent of the economic security lost and the damaged honor due to the end of the marriage. However, obtaining this compensation depends on proving the fault with concrete evidence and fully presenting the economic situation. Küheylan Law Firm aims to ensure that its clients reach the compensation they deserve by constructing compensation claims together with the fault and evidence strategy, starting from the petition.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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