In the divorce case, the issue of pecuniary and non-pecuniary damages is one of the main issues of almost every divorce case.
In this context, spouses may demand financial or moral compensation from each other in case of various circumstances due to the circumstances leading to the termination of marriage or they may request alimony. In the divorce case, claims for pecuniary and non-pecuniary damages are assessed by the family court judge.
The parties must have the request of the parties in order for the judge of the family court to award compensation, regardless of the pecuniary or non-pecuniary damage. The family court judge cannot award self-compensation without a request. In this respect, even if the claimant has the right to claim co-pecuniary or non-pecuniary damages, it is not possible to award pecuniary or non-pecuniary damages if this claim is not stated in the petition. If the claimant has filed a claim for pecuniary or non-pecuniary damages, the judge first examines whether there are conditions for awarding compensation.
1-Financial Compensation
Financial compensation in the case of divorce Turkish Civil Code m. 174/1. In order for a party to claim financial compensation, it must meet the following conditions. If it does not meet these conditions, the divorce case can not seek financial compensation.
Spouses seeking financial compensation should not have any defect in divorce or the defect should be less than the counterparty's defect.
It is that the spouse seeking financial compensation should not act to cause divorce or should act less flawed than the other party, even if it was found. For example, the bad behavior or insults of spouses to each other is the cause of divorce, but if the other spouse has committed adultery in return for this act, the claim for financial compensation cannot be accepted.
Defendant spouse requested compensation from him must be defective.
In order to claim financial compensation in divorce proceedings, the defendant spouse must be defective. If the fault of the two parties is equal or if both parties are flawless, or if the defendant spouse cannot be held responsible, then the right to pecuniary damage does not arise. For example, if the defendant spouse is mentally ill, the other spouse does not have the right to financial compensation because he cannot be held responsible.

In the same direction, the decision of the 2nd Chamber of the Supreme Court of Law No. 2006/10852 E. 2006/17842 K. can be given as an example. In this decision, the Court of Cassation dismissed the claim for pecuniary compensation in favor of the defendant woman, ruling that the cerebral Pulsy Sequela (Mental Retardation) ’was not voluntary in the actions of the husband who had been taken under guardianship and therefore could not be considered defective.
Plaintiff's Existing or Expected Interests Must Be Damaged.
In order to claim pecuniary damages in divorce proceedings, the plaintiff's current or expected interests must have been damaged. An example of this would be the deprivation of benefit from a working business in terms of the existing rights, while the expected benefit would be inheritance rights.

The amount of compensation is determined by the judge. The judge does not have to judge the amount that the plaintiff stated in his petition or subsequently increased through correction. The judge may decide less of the claimant's claim but cannot rule more than the claim.
2-Spiritual Compensation
In the case of divorce, non-pecuniary damages were regulated in Turkish Civil Code m.174/2. Accordingly, in order to award non-pecuniary damages in divorce proceedings, the following conditions are mandatory.