If you are a housewife thinking “I want a divorce”, know this first: having no income does not prevent you from filing for divorce and does not remove your right to divorce. You have legal rights regarding alimony, the division of assets acquired during the marriage, and custody of your children. In this article we explain your rights, the likely costs and the first steps to take in plain language.
Can a Housewife File for Divorce?
Yes. You do not need to be employed or to have income or assets to file for divorce. The case may rest on general grounds such as the irretrievable breakdown of the marriage (Turkish Civil Code art. 166) or on specific grounds such as adultery, attempt on life and serious mistreatment, or desertion. If the spouses agree and the marriage has lasted at least one year, an uncontested divorce can conclude more quickly; if you cannot agree, a contested case is filed.
Taking on the housework and childcare during the marriage is, in law, a contribution to the marital union (Turkish Civil Code art. 186/3). This work is taken into account when your rights in the divorce are determined.
What Are a Housewife’s Rights in Divorce?
You may have five main rights in the divorce process; which of them you can use, and to what extent, depends on fault, the length of the marriage and the parties’ financial strength.
| Right | Basis | In brief |
|---|---|---|
| Interim alimony | TCC art. 169 | Monthly payment for living costs while the case is pending, until judgment |
| Poverty alimony | TCC art. 175 | May be requested by a spouse who would fall into poverty because of the divorce and is not more at fault, in proportion to the other spouse’s financial means |
| Property division (participation claim) | TCC art. 218 et seq., art. 236 | A claim over half of the residual value of assets acquired during the marriage; personal assets such as inheritance and gifts are excluded |
| Material and moral compensation | TCC art. 174 | Requested by the innocent or less-at-fault spouse for events that led to the divorce |
| Custody and child-support contribution | TCC art. 336, art. 182 | Custody is decided by the child’s best interests; the non-custodial parent contributes to care and education costs |
Is Housework Counted in the Division of Property?
Yes. Under the acquired-property participation regime, the contribution made through housework and childcare during the marriage is taken into account, so a non-working spouse can also claim a participation receivable. This regime has been the statutory regime since 1 January 2002, and time limits must be observed when making the claim; for details see our article on property division in divorce (Turkish).
How Long Does Alimony Last?
Although poverty alimony may seem unlimited, it ends automatically when the recipient remarries; it may be lifted or changed by court decision if the recipient lives together with a partner outside marriage or if financial circumstances change. The amount of alimony depends on the specific case.
I Have No Money: How Do I Cover the Costs of a Divorce Case?
If you have no income, court costs and attorney fees are the biggest worry. When a case is filed, an application fee and expenses are paid; as these amounts change with the annual tariffs, ask the court cashier or your lawyer for the current figure. If you cannot afford the costs, legal aid is possible: you can ask the court for temporary exemption from litigation costs and ask the bar association’s legal aid office to appoint a lawyer. The court assesses the conditions according to your file.
You can also secure your living costs by requesting interim alimony while the case is pending.
First Steps If You Have Decided to Divorce
- Put your safety first. If there is violence or threat, you can call 155, 112 or ALO 183 and request protective measures under Law No. 6284.
- Collect documents. Gather evidence such as population records, a copy of the marriage certificate, land and vehicle records, bank account details, messages and bills.
- Learn about assets and the home. No transaction can be made on the family home without your spouse’s consent (TCC art. 194); if necessary you can ask for an annotation on the land registry.
- Plan for your children. Prepare your proposal on custody and personal contact.
- Talk to a lawyer. Plan the type of case (uncontested or contested) and the alimony and property claims together.
- File the case at the family court. The competent court is at the residence of one of the spouses or where they last lived together for six months.
Frequently Asked Questions
Can a housewife receive alimony after divorce?
A spouse who would fall into poverty because of the divorce, and who is not more at fault than the other spouse, may request poverty alimony; interim alimony can also be requested while the case is pending. The amount is set according to the spouses’ economic situation and living conditions.
Does a non-working spouse get a share of the marital property?
Yes. Under the acquired-property participation regime, a participation claim may arise over half of the residual value of the assets the other spouse acquired during the marriage; personal assets such as inheritance and gifts are excluded.
Who gets custody of the child?
The judge decides according to the best interests of the child. In practice young children are commonly left with the parent who cares for them, but every case is assessed on its own facts.
How long does a divorce case take?
An uncontested divorce can often be concluded in a single hearing; the duration of a contested case depends on the amount of evidence, witness hearings and the court’s workload. It would not be accurate to give a fixed period.
Can I get divorced without a lawyer?
A lawyer is not legally required, but planning with a lawyer reduces the risk of losing rights such as alimony, property division and custody.
Support During Divorce in Ankara and Akyurt
Deciding to divorce is hard, and every family’s situation is different. For legal support in divorce, alimony and property division matters in Ankara and Akyurt, see our divorce lawyer in Ankara page, or request an appointment through the contact page of Özdemir Hukuk ve Danışmanlık.
This article is for general information only and is not legal advice.