Divorce Alimony in Turkey
About divorce alimony in Turkey; Section 174 of the Turkish Civil Law orders as follows. “If the faultless or less faulty partner’s existing or expected interests are damaged by dissolution of marriage, that partner will be entitled to claim an appropriate material compensation from the other partner. If the personality of one of the partners has been assaulted due to the events which led to dissolution of marriage, that partner will be entitled to claim an appropriate moral compensation from the other spouse.” A stare decisis by the 2nd Department of Turkish Supreme Court orders that “Adultery is considered an assault of personality, therefore the court must order the faulty partner to pay moral compensation to the faultless partner as part of its order for dissolution of marriage”.
In summary, about divorce alimony in Turkey if any of the events that lead to dissolution of marriage assaulted the personality of the petitioner. The petitioner will be entitled to claim a moral compensation from the faulty respondent. However, if one of the partners insults the other partner, but the other partner reacts to such insult or has caused the first partner to commit such insult. It will be a different situation.
In conclusion, a partner will be entitled to receive a material compensation only if he/she is faultless or less faulty, the other partner is faulty, a damage has been suffered, and the law has been violated.
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