Turkish top court reduces financial rights of adulterous spouses

Türkiye’s highest court has set a precedent denying adulterous spouses any claim to marital property post-divorce.

Originating from Giresun and culminating in the Court of Cassation, the decision provides clear guidelines on asset division in cases where adultery is proven.

The landmark case, initiated in 2016, saw a husband granted divorce on grounds of his wife’s infidelity, setting a significant legal precedent.

As a result, the wife received no share of the marital property, which included two apartments and a car. She was also ordered to pay her husband both material and moral damages.

Appeal to Giresun Family Court

In 2021, the wife contested the decision in Giresun Family Court, accusing her husband of hiding assets. She demanded her share of the marital assets, which she estimated at $30,583, including interest.

However, the court rejected her claims, citing the Turkish Civil Code. It determined, “The divorce was based on adultery, and there is no proof of asset concealment by the husband.” Consequently, the wife’s claim was denied.

Further appeals, final judgment

The wife then appealed to the Trabzon Regional Court of Justice in 2022. She argued that her husband had sold the car to a third party and then to his brother, claiming the transactions were intended to hide assets.

Despite these claims, the Trabzon court upheld the initial ruling, reiterating that the divorce was based on adultery and the wife was not entitled to a share of the marital property under the circumstances.

The Trabzon court explained, “Given the adultery-based divorce, the judge has the discretion to reduce or eliminate the adulterous spouse’s share of marital property.”

The wife’s final attempt was an appeal to the Court of Cassation. On Feb. 7, 2024, the Court also rejected her appeal, affirming the previous decisions. The court highlighted that judges have the discretion to reduce or eliminate the adulterous spouse’s share of marital property under Article 236/2 of the Turkish Civil Code.

Tekirdag Bar Association lawyer Ergun Vardar commented on the significance of this ruling. He explained that since the implementation of the Turkish Civil Code on Jan. 1, 2002, marital property is generally divided equally unless otherwise stipulated by a contract. However, in cases of adultery or attempted murder, the court can adjust the distribution of property in favor of the innocent spouse.

Legal expert’s opinion on divorce proceedings after adultery is proven

Vardar emphasized that the Court of Cassation’s decision was appropriate. “If it can be proven that a spouse has committed adultery during the divorce proceedings, the judge may also order the adulterous spouse to pay material and moral damages to the innocent spouse,” he said.

This ruling sets a significant precedent for future divorce cases involving adultery in Türkiye. It ensures that the wrongdoing of one spouse does not unjustly disadvantage the other, highlighting the legal system’s commitment to fairness and justice.