Payments made under the name of retirement, insurance and compensation do not fall into a single property group. The purpose of the payment, the period in which the right was earned and which value it replaces are decisive. That a lump-sum payment was received also does not show that all of the money belongs to the joint period.
Why Is a Lump-Sum Payment Divided into Periods?
Article 219 of the Turkish Civil Code counts certain social security payments and compensation for loss of working capacity as acquired property. By contrast, Article 228 provides that the part of the relevant lump-sum payment relating to the life period after the regime is set aside as personal property. The calculation should be set up on the income principles applied by the institution and the necessary technical data. [1]
What Questions Are Asked in Private Insurance?
Whose interest does the policy protect, from what source were the premiums paid, what loss does the payment compensate and when was the money earned? An insurance sum that compensates the loss of a personal home and a payment that compensates the loss of earnings from work are not treated alike. The personal nature of non-pecuniary damages does not mean that the items of pecuniary loss are automatically personal.
How Is Individual Pension Savings Examined?
The date of participation, the sources of the contributions, the state of the savings at the end of the regime, deductions and the conditions for earning the State contribution should be shown separately. That the contract continues or that the money has not yet been withdrawn does not lead to the conclusion that there is no economic right at all. However, writing the entire amount shown on the gross screen as if it were unconditionally collectible money is also wrong.
What Happens if the Payment Was Invested in Another Asset?
Buying a home or a vehicle with compensation does not make the source of the money unimportant. First the personal and acquired parts of the payment are separated; then the amount transferred to the new asset is traced. In this way the insurance sum and the whole of the asset purchased are not counted twice. The institution’s letter, the payment calculation, the policy, the bank movement and the new acquisition document should be prepared together.
Why Are Maintenance and Divorce Compensation Kept Separate?
These rights rest on other consequences of divorce. They do not replace the liquidation claim; they have their own conditions, time limits and interest rules. That they come onto the agenda together in the same file does not mean that every payment is subject to the same calculation and date.
What Is Acquired Property?
How Are Social Security Lump-Sum Payments Assessed?
Article 228 of the Turkish Civil Code provides that the part that would correspond to the period after the date the property regime ended, had the payment been made as a lifelong income, is regarded as personal property. A lump-sum payment is not accepted as acquired property automatically and in its entirety; an actuarial separation is required.
Are Private Insurance Payments Acquired Property?
The reason for the payment is decisive. From which property group the premiums were paid, whether the insurance involves savings or risk, and whether the reason for the payment is bodily injury, death, loss of property or savings should be examined. A generalization such as “all insurance payments are personal property” or the opposite is not correct.
Do Maintenance and Pecuniary and Non-Pecuniary Damages Enter the Liquidation?
Non-pecuniary damages are personal property under Article 220 of the Turkish Civil Code. When maintenance, which is ancillary to the divorce, and pecuniary damages arose, what loss they cover and whether they were earned after the property regime ended are assessed separately; an automatic classification by the date of payment alone should not be made.
Frequently Asked Questions
How Is a Lump-Sum Payment Received Because of Retirement or Loss of Working Capacity Assessed?
It is wrong to regard the entire lump-sum payment as automatically divisible money. Article 228 of the Turkish Civil Code provides that the part relating to the period after the regime of certain lump-sum payments received because of social security or loss of working capacity is set aside as personal property. The reason for the payment, the period of service, the institution’s calculation and the asset into which the money was later converted should be shown in the expert examination.
Is a Payment Received from Private Insurance Included in Property Division?
For a private insurance payment, the type of policy, the insured interest, the nature of the property that suffered the loss and the source of the premiums are examined together. A payment that compensates the loss of personal property and a payment that compensates the loss of income are not treated alike. For individual pension, the savings, the premium periods and any earned State contribution should be shown separately. A single legal result cannot be drawn merely by saying “insurance money.”
Do Maintenance and Compensation Paid Because of Divorce Enter the Liquidation Calculation?
Maintenance and compensation awarded because of divorce are not the same right as the liquidation claim. Non-pecuniary damages are personal property. What loss pecuniary damages compensate and which period they relate to is examined separately. Maintenance directed at livelihood after the divorce is not regarded as the future acquired earnings of the ended regime. When a divorce compensation and a property regime claim are both derived from the same item, the legal bases should not be confused.
Related Articles
- How Is Property Divided in Divorce? Guide to Property Regime Actions
- Which Property Is Divided in Divorce? Distinguishing Acquired Property and Personal Property
- How Is a Participation Claim Calculated? Debts, Equalization and Residual Value
- What Is a Claim for Share in Increased Value? Proof and Calculation of a Contribution to the Spouse’s Asset
This article is for general legal information. In a specific dispute, the dates of the events, the documents, the type of claim and the time limits are assessed together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu)