Advanced Financial Disputes in Turkish Divorce Cases

In high-stakes Turkish divorce cases, standard asset division rules often collide with complex variables. While the general rule is a 50/50 split, high-net-worth individuals often face unique challenges: the punitive financial consequences of Adultery (Zina), the valuation of Company Shares, and the legal procedure for clawing back assets transferred to Third Parties.

This guide examines these three advanced scenarios to help international clients navigate the Turkish Civil Code.

Adultery (Zina): The Financial Penalty

While modern Turkish Family Law generally follows a "no-fault" financial logic for asset division, there is a severe exception for infidelity. If a divorce is granted specifically on the grounds of Zina (Adultery) under Civil Code Article 161, the court is empowered to punish the at-fault spouse financially.

The "Equitable Reduction" or Elimination

Under standard procedures, acquired assets are split 50/50. However, in proven cases of adultery, the judge has the discretion to reduce or completely eliminate the adulterous spouse's "Participation Claim" (Katılma Alacağı).

Key Implication: If a spouse is proven to have committed adultery, the court may rule that they receive 0% of the value of the assets acquired during the marriage, rather than the usual 50%.

The "Contribution Claim" Shield

Crucially, this penalty has a limit. It only applies to the surplus value (the profit generated during marriage). It does not apply to the Contribution Claim (Katkı Payı).

• Example: If the adulterous spouse can prove they invested 50,000 TL of their own personal money (from before the marriage or inheritance) into a property, they are legally entitled to receive that capital investment back.

• The Result: The court can strip them of their share of the profit, but not their principal investment.

Valuing Company Shares & Dividends

For business owners, the "2002 Legal Cutoff" is critical. The treatment of company shares in a Turkish divorce depends entirely on when they were acquired and how they generated revenue.

Pre-2002 vs. Post-2002 Shares

• Acquired After 01.01.2002: Shares purchased during this period are considered "Acquired Property." Their full market value is subject to the 50/50 division, regardless of whether it is a Limited Liability Company (Ltd) or a Joint Stock Company (A.Ş.).

• Acquired Before 01.01.2002: These shares are legally defined as "Personal Property." The shares themselves are NOT divided.

  
  

The "Dividend Trap"  

A common point of confusion arises when a spouse owns a company from before the marriage (Personal Property). While the shares are not divided, the income (dividends) generated by those shares during the marriage is considered "Acquired Property."

Calculation: If a pre-2002 company generated 100,000 TL in dividends between 2002 and the divorce date, the non-owner spouse is usually entitled to 50% of those dividends (50,000 TL).

Retained Earnings & Reinvestment

What if the company made a profit but did not distribute dividends, instead reinvesting them into the company? The court investigates the "Reel Value." The judge will determine how much the company's value increased due to these reinvested profits during the marriage, and that specific increase is subject to division.

Third-Party Liability: Piercing the Veil (Hiding Assets)

A common tactic in contentious divorces is transferring assets to a third party (e.g., a sibling, parent, or business partner) to hide them from the settlement. Turkish law provides a mechanism to hold that third party liable.

The "Add-Back" (TMK 229)

First, the court treats the transferred asset as if it still exists within the marriage. Its value is added back to the calculation of the "Acquired Property" pool.

When Can You Sue the Third Party? (TMK 241)

The non-owner spouse cannot immediately seize the third party's assets. The process follows a strict hierarchy:

1. Primary Liability: The court first calculates the total debt owed by the ex-spouse.

2. Insolvency Test: If the ex-spouse's remaining assets are insufficient to pay the settlement, the deficiency can be claimed from the third party.

3. The Lawsuit: A separate case is filed against the third party under TMK Article 241. The court focuses on collecting the missing funds based on the findings of the divorce decree.

   
   

Procedural Strategy

We recommend naming the third party in the lawsuit but keeping their liability as a "contingent" issue. The third party is not responsible unless the ex-spouse fails to pay. Therefore, the court first rules against the ex-spouse, and only triggers the third party's liability if execution against the ex-spouse fails.

FAQ About Complex Asset Division

If my spouse committed adultery, do they still get 50% of our assets?

Not necessarily. Under Turkish Civil Code Article 161, if the divorce is granted specifically on the grounds of Zina (Adultery), the judge has the discretion to reduce or completely eliminate the adulterous spouse's share of the acquired property (Participation Claim). However, they are still entitled to their original capital contributions.

Are company shares divided in a Turkish divorce?

It depends on the acquisition date. Shares acquired after January 1, 2002, are generally considered "Acquired Property" and are subject to a 50/50 split. Shares owned prior to this date are "Personal Property" and are not divided, though the non-owner spouse may claim 50% of the dividends (profit) generated during the marriage.

My spouse transferred assets to a relative before filing for divorce. Can I get them back?

Yes. Turkish law prevents spouses from hiding assets. Under TMK Article 229, these assets can be "added back" to the marital pool for calculation. If the ex-spouse cannot pay the settlement, you can file a separate lawsuit under TMK Article 241 to collect the deficiency directly from the third party (the relative).

Does the "Reel Value" of a business matter?

Yes. If a company owned by one spouse did not distribute dividends but reinvested profits to grow the business, the court calculates the "Reel Value" increase. The non-owner spouse is entitled to a share of this growth that occurred during the marriage.