Women’s Rights in Divorce Cases in Turkey

According to the Turkish Civil Code numbered 4721, adopted on January 1, 2002, the rights and status of a woman who divorces are among the most important and frequently asked questions during the divorce period. The rights of a divorced woman can be listed as follows:

Alimony (Maintenance): In the case of divorce, the party in a financially weaker position has the right to request alimony from the other party. Alimony is determined by the court based on specified conditions. A divorced woman can request alimony depending on her financial situation. After divorce, the financially disadvantaged spouse can seek alimony from the other spouse. Alimony is paid with the aim of improving the economic situation of the spouse and ensuring their sustenance.

Child Support (Child Participation Alimony): One of the divorced spouses is obligated to provide financial support for the children. This includes contributing to the care, education, and general needs of the children.

Contribution Share and Compensation for Marital Unity: According to the Turkish Civil Code, if both spouses have contributed during the marital unity, a contribution share can be claimed when the marital unity ends. A divorced woman can also claim compensation for contributions made during the marital unity.

Distribution of Acquired Assets during Marital Unity: Turkish law recognizes marital property regimes, and the distribution of assets acquired during marital unity depends on the chosen regime. In case of divorce, the settlement of assets according to the chosen regime may be considered. The court determines the distribution of assets acquired during marital unity, considering factors such as the couple’s economic situation and the duration of the marriage, to ensure fair distribution.

Child Custody and Care: If the couple has children, decisions regarding child custody and care are made in the event of divorce. The court decides on custody with the best interests of the children in mind. In cases where there are children, the court will make decisions regarding custody, taking into account the best interests of the children.

Right to Fault Compensation: Fault is a significant factor in divorce cases. The faults of the parties toward each other can impact issues such as asset distribution, alimony, and other matters. Additionally, one spouse may seek compensation from the other for the grounds of divorce.

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