How Much Compensation Will a Cheating Spouse Pay?
Cheating (adultery) is one of the reasons for divorce according to the Turkish Civil Code and can also form the basis for a compensation claim. The amount of compensation to be paid due to cheating varies depending on the court’s evaluation. During this process, requests for material and moral compensation come to the fore.
1. Material Compensation
Material compensation is a right that the party who suffered economic damages due to cheating can claim. When determining the amount of such compensation, the court takes the following factors into consideration:
Duration of Marriage: In long-lasting marriages, the economic expectations and losses of the cheated party may be greater.
Financial Situation of the Parties: When determining the amount of compensation, both the damages of the cheated party and the payment capacity of the cheating party are taken into consideration.
Economic Losses: The economic losses suffered by the cheated party during the marriage (e.g., being away from the workforce, loss of career) are taken into account.
Examples of Material Compensation:
A woman or man can receive material compensation if they prove that they were deprived of the economic contributions of the marriage.
If the betrayed party can prove that they contributed to the enrichment of the cheating spouse’s financial situation, this may also be reflected in the compensation.
2. Non-Pecuniary Compensation
Non-Pecuniary compensation is requested for the psychological, emotional and social damages experienced by the betrayed party due to cheating.
Criteria Evaluated by the Court:
Effects of Cheating: Elements such as the degree to which the betrayed party has been morally worn down and whether their reputation in society has been damaged are evaluated.
Degree of Fault: The betraying party’s fault in the act of adultery and the form of the cheating affect the amount of non-pecuniary compensation.
Social Status of the Parties: The socioeconomic status and living standards of the parties are taken into account in determining the compensation.
3. How is the Amount of Compensation Determined?
The Turkish Civil Code does not set a lower or upper limit for the amount of compensation. Therefore, the amount of compensation varies in each case according to the characteristics of the incident and the situation of the parties. For example:
For financial compensation, economic contributions and losses provided during the marriage are calculated.
Non-pecuniary damages are determined according to the degree of psychological damage suffered.
The court makes a decision by balancing the payment capacity of the cheating party and the damage of the cheated party.
Sample Compensation Decisions:
Material Compensation: Decisions ranging from 50,000 TL to 500,000 TL can be seen.
Non-pecuniary Damages: It is usually ruled between 20,000 TL and 200,000 TL. However, these amounts may increase or decrease depending on the characteristics of the case.
4. Importance of Evidence
In order to claim compensation in the event of cheating, the act of cheating must be proven. The following can be used as evidence:
Phone records, messages, e-mails.
Images or photographs.
Witness statements.
If the court evaluates this evidence and concludes that cheating has occurred, it awards compensation.
5. Difference Between Alimony and Compensation
Compensation is for the compensation of the damage suffered due to cheating. However, the betrayed party may also request alimony. For example:
A request for material compensation aims to compensate for the economic damage suffered.
Alimony is paid to maintain the standard of living and meet needs after the divorce.
In the event of cheating, the amount of compensation is determined by the court by evaluating the specific circumstances of the case. There is no fixed amount, but it is important for the party requesting compensation to prove their material and moral damages. Getting support from a lawyer during this process will be very useful in order not to lose their rights.
