Supreme Court Issues Landmark Ruling on Couples Divorcing to Receive Benefits

Orphan’s Benefit Can Be Terminated Without Investigating the Sincerity of the Divorce, Supreme Court Rules

In a case heard in Bursa, the 10th Civil Chamber of the Court of Cassation ruled that, as of the effective date of October 1, 2008, income and benefits granted to individuals who divorced their spouses but were found to be actually living together with them must be terminated, without investigating whether the parties’ intentions at the time of the divorce were genuine.

According to the case file, a woman receiving an orphan’s benefit following the death of her father in 2002 stated that her benefit was terminated by the Social Security Institution (SGK) on October 26, 2008, on the grounds that she was actually living with the husband from whom she had divorced in 2001. She also stated that payments made to her without entitlement had been recorded as a debt. She subsequently applied first to the Labor Court and then pursued the available appeal procedures.

The court of first instance accepted the woman’s claim following a police investigation and testimony from witnesses and ruled to annul the Institution’s decision dated August 12, 2022. The Regional Court of Appeal rejected the appeal on the merits. Following the Institution’s appeal to the Court of Cassation, the case was brought before the 10th Civil Chamber.

In its ruling, the Court of Cassation highlighted the wording in the law referring to individuals who “are determined to be actually living together with the spouse from whom they have divorced.” It stated that there should be no investigation into the purpose of the divorce or whether the parties’ intentions were genuine. The ruling also stated that whether the divorce was simulated or whether the parties’ intention to divorce was genuine should not be debated by another body.

The Court of Cassation also outlined the procedural steps that courts must take. It stated that address records and police investigation reports concerning the parties should be obtained and that the fact of cohabitation should be established by hearing statements from neighborhood heads, neighbors or other relevant individuals. The court explained that the first-instance ruling was therefore overturned because it had been based on insufficient examination and investigation.

Liberal News Analysis: What Does This Development Mean?

The ruling indicates that, under social security law, a finding that divorced individuals are actually living together can result in the termination of income and benefits regardless of the reason for the divorce. The decision limits the investigation of the sincerity of a divorce in judicial and institutional proceedings, instead emphasizing that actual cohabitation must be established through properly conducted evidence-gathering procedures. In practice, this approach is expected to increase the importance of SGK investigations and police inquiries.

Quick Look: What You Need to Know

• Turkey’s 10th Civil Chamber of the Court of Cassation ruled that income and benefits must be terminated when actual cohabitation is established, without investigating whether the divorce itself was genuine.
• The claimant applied to the Social Security Institution and the courts after her orphan’s benefit was terminated. The court of first instance ruled in her favor, but that decision was overturned.
• The Court of Cassation stated that no distinction should be made based on the purpose of the divorce or the sincerity of the parties’ intentions.
• The ruling emphasized that courts must establish whether the parties are actually living together by using procedures such as address records, police investigations and witness testimony.