This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Boşanmada Maddi ve Manevi Tazminat.
Two separate heads of damages arise on divorce: pecuniary damages (TMK art. 174/1) compensate existing or expected benefits lost because of the divorce; non-pecuniary damages (art. 174/2) compensate an attack on personality rights. For both, the claiming spouse must be without fault or less at fault. If not claimed with the divorce action, a separate action may be brought within one year of the judgment becoming final.
Damages are among the most asked about and most poorly framed claims in a divorce. Naming a figure is not enough; the basis must be shown.
Pecuniary Damages
Under TMK art. 174/1, a spouse without fault or less at fault whose existing or expected benefits are harmed by the divorce may claim appropriate pecuniary damages from the spouse at fault.
"Expected benefit" is the key concept: what would have been obtained had the marriage continued and is lost by the divorce — the support, the social security cover, the standard of living the other spouse provided.
Pecuniary damages are separate from the liquidation of the matrimonial property regime. The participation claim is one claim, damages another; both can be brought together.
Non-Pecuniary Damages
The second paragraph of the same article allows the spouse whose personality rights were attacked by the events causing the divorce to claim non-pecuniary damages.
What is required is an attack on personality rights. Violence, adultery, insult, humiliating conduct and desertion fall within it.
The purpose is not enrichment but a measure of compensation for the distress suffered, so the judge weighs the parties' financial circumstances together with the gravity of the events.
How Fault Decides the Claim
For both heads, the comparison of fault is decisive. The claimant must be without fault or less at fault.
Where fault is equal, no damages are awarded. Proving fault therefore determines the fate of the claim.
Fault is proved by witness evidence, medical reports, police records, protection orders and correspondence. The evidence must be notified within the procedural time limits.
| Pecuniary | Non-pecuniary | |
|---|---|---|
| Basis | TMK art. 174/1 | TMK art. 174/2 |
| What it compensates | Existing or expected benefits lost | Distress from an attack on personality rights |
| Against whom | The spouse whose fault is graver | The spouse at fault |
| Claimant's fault | Must be none or less | Must be none or less |
| Mode of payment | Lump sum or periodic | As a rule a lump sum |
| Separate action | 1 year from finality (art. 178) | 1 year from finality (art. 178) |
Where fault is equal, damages are as a rule not awarded. Unlike maintenance, damages cannot afterwards be increased or reduced.
When It Can Be Claimed
Damages may be claimed with the divorce action or in a separate action. Claiming them together is better for both fees and time limits.
If they were not claimed in the divorce action, they may be claimed in a separate action within one year of the divorce judgment becoming final (TMK art. 178).
The claim must state the amount and its basis expressly, with the words reserving the right to claim more; without that reservation, any later increase becomes contestable.
The court may order payment as a lump sum or, as the circumstances require, periodically.
Damages not claimed in the divorce action can be claimed in a separate action within one year of the judgment becoming final (TMK art. 178). After that the right lapses. Where possible, claim them with the divorce itself.
Frequently Asked Questions
Who can claim damages on divorce?
The spouse without fault or less at fault. Where fault is equal, no damages are awarded.
What is the difference between the two heads?
Pecuniary damages compensate existing or expected benefits lost through the divorce; non-pecuniary damages compensate the distress from an attack on personality rights.
Are damages separate from the division of property?
Yes. The participation claim concerns the liquidation of the property regime; damages are a separate claim and both can be brought together.
I did not claim in the divorce action. Can I claim later?
Within one year of the divorce judgment becoming final, by separate action (TMK art. 178).
How are damages paid?
As a lump sum, or periodically where the circumstances require it.