Fault in Divorce: Running Up a Grocery Tab to Cover Household Needs Is Not Considered Fault

A ruling by the 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi), reported in the press on 7 November 2026, has reinforced an important point in how fault is assessed in divorce proceedings: a spouse who runs up a tab at a grocery shop or haberdashery to cover basic household expenses — because their partner is not providing for the home — cannot have that behaviour counted against them as fault. According to Demirören News Agency (DHA), the Chamber unanimously upheld a regional appellate court decision that had increased the alimony and compensation awarded to the wife. Below we look at what the press reported about the ruling, how fault affects divorce outcomes, and what to watch out for in similar situations.

Background: Cross-Petitions and the Alanya Connection

According to the DHA report, both spouses filed for divorce in the Karabük 1st Family Court (Karabük 1. Aile Mahkemesi), making it a cross-petition case. Two issues stood out as the main alleged grounds: the wife leaving the shared home to stay with their child who lives in Alanya and not returning, and her running up debts at a grocery shop and a haberdashery.

The court of first instance found the husband substantially at fault and the wife only marginally at fault. Both parties appealed to the regional appellate court. The 28th Civil Chamber of the Ankara Regional Court of Appeal (Ankara Bölge Adliye Mahkemesi 28. Hukuk Dairesi) rejected the husband’s appeal as out of time, but partially allowed the wife’s, increasing the alimony and compensation awarded in her favour. Press reports did not disclose the specific alimony or compensation figures, the amounts of the debts, or the case reference number.

What Did the Court of Cassation Say? Assessing Fault in Divorce

Based on the reasoning reported in the press, the 2nd Civil Chamber made the following findings:

• The husband’s failure to meet the household’s basic needs was established on the evidence; accordingly, the wife’s decision to run up a tab at the grocery shop and haberdashery could not be treated as fault on her part.
• The husband had not brought divorce proceedings on the specific ground of abandonment (terk); mere physical separation on its own cannot constitute a ground for divorce.
• The wife going to stay with the couple’s child and not returning home could not be treated as fault either.

The Chamber confirmed that the husband was substantially at fault and the wife only marginally so, and upheld the appellate decision. Some news headlines used the phrase “wife who ran up debts found blameless”, but the body of those reports makes clear she was not found entirely without fault — only her borrowing and her decision to go to her child were removed from the fault column. That distinction matters when it comes to compensation and alimony.

The duty to contribute to household expenses

Under the Turkish Civil Code (TMK), spouses must each contribute to the costs of running the marriage in proportion to their means — through their labour, assets or income (Turkish Civil Code (TMK) Art. 186). When one spouse fails to do this, the other spouse borrowing money to cover the family’s essential needs is usually seen not as misconduct but as an attempt to fill a gap the first spouse left open. That is the core logic of this ruling: when deciding who is at fault, courts look at why a person acted the way they did and in what circumstances.

Is Physical Separation the Same as Abandonment?

The second important aspect of the ruling concerns the difference between simply living apart and the specific legal ground of abandonment. Abandonment is a distinct ground for divorce set out in Turkish Civil Code (TMK) Art. 164, with its own procedural requirements: the departing spouse must be served with a formal warning notice (ihtar), the separation must have lasted at least six months, and that notice cannot be sought until after the fourth month of separation. Simply saying “my spouse left the house” is not enough to bring a claim on abandonment grounds without following this procedure.

In practice, one spouse leaving the shared home is more commonly considered as part of the fault assessment in an “irretrievable breakdown” divorce claim under Turkish Civil Code (TMK) Art. 166. However, as the Court of Cassation emphasised in this case, the reason for leaving matters: a departure that has a reasonable explanation — such as going to be with a child — does not automatically count as fault.

How Does the Degree of Fault Affect Alimony and Compensation?

In Turkish divorce law, fault is not just a question of who was “in the right” — it has direct financial consequences:

• Financial and non-financial compensation (Turkish Civil Code (TMK) Art. 174): A spouse who is free from fault, or less at fault, and whose existing or expected interests have been damaged by the divorce can claim a lump-sum financial compensation from the more-at-fault party; a spouse whose personal rights have been violated can also claim non-financial (moral) damages.
• Poverty alimony — post-divorce maintenance (Turkish Civil Code (TMK) Art. 175): A spouse who will be left in financial hardship as a result of the divorce can claim ongoing maintenance from the other, provided they are not more at fault than the paying spouse.
• Child maintenance: This covers the living and education costs of any children and is determined by the children’s needs and the parties’ financial means — it is not directly tied to fault.

Whether a particular act is classified as fault can therefore determine the outcome of a compensation claim or a claim for post-divorce maintenance. You should also keep an eye on the ongoing indefinite alimony reform process, following the Constitutional Court’s ruling on the duration of maintenance payments.

What Happens If You Miss the Appeal Deadline?

According to press reports, the husband’s appeal was rejected because it was filed out of time. Under the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu — HMK), the deadline to file an appeal to the regional appellate court is generally two weeks from service of the written judgment. An application filed after that deadline is dismissed without examination. In this case, that meant the husband’s challenge to the fault findings was never considered on its merits — only the wife’s appeal was reviewed, and her alimony and compensation were increased as a result.

Divorce decisions have long-term financial and practical consequences — covering alimony, compensation, division of assets, and child custody. It is essential to keep close track of when judgments are served on you and when appeal deadlines fall.

Practical Points If You Are in a Similar Situation

• Keep records (receipts, invoices, credit notes, bank statements) of any spending or borrowing you do to cover the family’s essential needs — these can help demonstrate that your partner was not providing for the household.
• If you have left the shared home, try to document the reason (for example, going to care for a child, fleeing domestic violence, or financial hardship) through messages, witness accounts, or other evidence wherever possible.
• If you want to rely on the abandonment ground, you must follow the formal notice procedure and observe the time limits — physical separation alone may not be sufficient.
• Appeal deadlines run from the date of service of the judgment; make sure your registered address for correspondence is kept up to date.

For a general overview of grounds for divorce, the court process, costs and timescales, see our divorce proceedings guide. Full judgments of the Court of Cassation can be searched, once published, through the Court of Cassation Case Law Search system.

This article is for general information purposes only and does not constitute legal advice. You should refer to current legislation and official announcements for your specific situation.