Within a marriage, money is not merely a means of subsistence; in some relationships it becomes a direct instrument of domination. Where one spouse retains the other’s income, seizes their assets, obstructs their will to work, refrains from meeting their essential needs or burdens them with disproportionate debt, a pattern of pressure arises that erodes the marital union from within. In practice these behaviours are grouped under the heading of economic violence and are advanced as grounds for a divorce claim.
The Turkish Civil Code No. 4721 does not list economic violence as an independent ground for divorce. The concept has nonetheless acquired a judicial foundation through the decision of the Assembly of Civil Chambers of the Court of Cassation dated 21.07.2008. That decision established that financial pressure is a circumstance which cannot be disregarded in divorce proceedings and showed that it may be addressed within the framework of the irretrievable breakdown of the marital union.
In this briefing note we examine, in the light of judicial decisions, the forms in which economic violence manifests itself, and we assess the position of the concept in divorce actions, its legal foundations and the means of proving it from a practical perspective.
The Concept of Economic Violence
Definition and Scope of the Concept
Economic violence denotes the establishment of control over a person’s financial resources, the narrowing of their financial autonomy, or the refusal to meet the minimum needs required for them to sustain their life. It is a form of pressure that leaves no physical trace and often goes unnoticed from the outside; yet it may cause severe harm by directly lowering the victim’s standard of living.
In the case law of the Court of Cassation the concept has been expressed as "the failure to meet essential needs where circumstances permit". Legal scholarship does not confine the definition so narrowly; conduct such as the seizure of income, the restriction of access to financial resources or the obstruction of the will to work is likewise assessed under the same heading.
The manifestations that may be encountered while the union subsists, or after it has in fact come to an end, may be listed as follows:
- Direct seizure of a salary or of elements of the estate
- Blocking access to bank accounts and managing income from a single hand
- Prohibiting work, or compelling the person to work against their will
- Monitoring expenditure step by step, withholding even pocket money
- Frustrating attempts to gain financial independence
The common outcome of these behaviours is that the spouse is economically weakened and pushed into a position of dependence within the union. For a party who becomes unable to meet even their own basic needs, the resulting picture constitutes a significant legal ground upon which a divorce action may be founded.
Connection with Other Forms of Violence
In practice economic violence is rarely seen on its own; it is most often part of a whole interwoven with other types of violence. Since there is a direct permeability between the forms of violence, a person subjected to financial pressure also encounters verbal, psychological or physical violence.
This connection may be summarised along three axes:
- As regards psychological violence: Withholding money, cutting back resources or refusing permission to work erodes the person’s self-confidence. Over time the victim may be driven into a sense of helplessness and dependence and lose their self-esteem.
- As regards physical violence: A person unable to provide for themselves lacks the material means to leave the environment in which they suffer violence. Having to maintain the marriage out of necessity causes the violence to turn into a self-repeating cycle.
- As regards social violence: An individual whose income is taken away is excluded from social activities, cannot make the expenditure needed for self-development and becomes isolated from those around them.
Ultimately, beyond being a type of violence in its own right, economic violence functions as a factor that feeds the other forms of violence and further aggravates the victim’s life. This picture, which amounts to a breach of the principle of equality between spouses, is a ground taken seriously in divorce proceedings.
The Legal Basis of Economic Violence
The legislator has not regulated economic violence under a separate heading. Judicial decisions and scholarly interpretation nonetheless characterise such conduct as a breach of the obligations arising from marriage.
Two provisions form the basis of the matter:
Turkish Civil Code No. 4721, Art. 185(3)
"….Spouses are obliged to live together, to remain faithful to one another and to assist one another."
The duty of assistance set out in the provision does not cover emotional support alone; it requires spouses also to support one another financially. A breach of this duty may be assessed as a ground for divorce.
Turkish Civil Code No. 4721, Art. 166
"If the marital union has broken down to such an extent that the spouses cannot be expected to continue their common life, either spouse may bring an action for divorce."
The narrowing of financial freedom, the failure to meet essential needs and being held under constant monetary pressure may result in the irretrievable breakdown of the marital union; in such conditions common life becomes intolerable. Indeed, allegations of economic violence are in practice most often advanced within divorce actions brought on the ground of severe incompatibility.
As for the practice of the Court of Cassation: the higher court treats economic violence as the narrowing of a spouse’s financial freedom, the seizure of their resources or the refusal to meet their basic needs. In the decision of the Assembly of Civil Chambers dated 21.07.2008 the concept was defined as the failure to meet a spouse’s essential needs and the rendering of that person economically powerless.
Forms of Economic Violence Encountered in Practice
Failure to provide an independent home. Under the Turkish Civil Code No. 4721 the choice of the common home belongs to the spouses jointly, and a living space of the quality required by the union is expected to be established. A spouse’s failure to provide suitable accommodation, or the deliberate keeping of the home in poor condition, is regarded as economic violence. Compelling a spouse to live with one’s own family despite having the financial means; failing to pay the rent; or deliberately aggravating living conditions by not buying basic household necessities are typical examples of this heading.
Failure to contribute to household expenses and basic needs. Spouses are expected to keep the common living space in order and to meet essential needs. Neglecting the home and failing to contribute to the maintenance of common life is a manifestation of economic violence. In practice, the failure to provide provisions and cleaning materials and to pay the bills, together with the complete failure to carry out repairs and maintenance of the home or their constant postponement, is assessed within this scope.
Turning parsimony into an instrument of pressure. Saving is in itself ordinary conduct; however, imposing disproportionate restrictions despite having the means and failing to meet the other spouse’s basic needs amounts to economic violence. Making a spouse sit in the dark so that the bill does not rise, limiting their nutrition by interfering with food consumption, and eliminating any possibility of free spending by monitoring household expenditure down to the smallest detail are behaviours of this kind.
Establishing control over the other spouse’s assets. A person’s inability to use their own assets freely, the seizure of their resources, or financial decisions being taken on their behalf constitutes economic violence. Refusing to allow the management of immovable property or money received by inheritance, keeping a bank account and salary under supervision, and preventing the use of accounts opened in the person’s own name are examples of this heading.
Humiliation on account of financial standing. Constantly disparaging and devaluing a spouse by using their financial means as a pretext also falls within the scope of the concept. Humiliation through expressions such as "You have no money, you would starve without me"; making a person feel inadequate on the ground that they do not work or do not earn enough; and forcing them to ask for money for every need are examples of this manifestation.
Incurring disproportionate debt and evading financial obligations. Driving the family into difficulty by creating unnecessary debts or by not paying existing debts amounts to economic violence. Placing the family under a heavy debt burden through reckless spending, causing creditors constantly to turn to the other spouse, and shaking the household economy through gambling or unnecessary luxury expenditure are addressed within this scope.
Not working or showing no stability in employment. Remaining permanently unemployed or failing to fulfil financial obligations causes the entire burden to fall on the other spouse and may be assessed within the scope of economic violence. Arbitrarily refusing to work, evading responsibility by leaving jobs at short intervals, and offering no support to the spouse who bears the economic burden alone are examples of this heading.
Preventing the other spouse from working. Preventing a spouse who wishes to work from gaining financial independence is among the frequently encountered forms of economic violence. Not allowing a woman to work and forcing her to stay at home, preventing her from attending a job interview, and rendering her employment effectively impossible by deliberately imposing responsibilities such as childcare and housework are of this kind.
Compelling a spouse to work in an unwanted job. The mirror image of this is likewise regarded as economic violence: making a spouse work in a job they consider unsuitable or do not want. Being compelled to work in harsh conditions in order to provide income for the family, being directed to another job instead of practising one’s own profession, and being obliged to work in a job that is physically or psychologically demanding fall within this scope.
Seizing a salary or assets. The seizure of the whole of a working spouse’s salary or of their assets is a severe example that entirely removes their financial freedom. Taking the salary card so as to prevent any spending, seizing earnings and leaving only a fixed amount to the person, and selling or using their assets without their consent are assessed under this heading.
Placing a spouse under debt without their knowledge. Imposing financial liability without a spouse’s consent also falls within the scope of economic violence. Taking out a loan in their name without their knowledge, concealing from them that they have been given as a guarantor, and issuing a credit card in their name and spending on it without control are examples encountered in practice.
Narrowing social life through monetary pressure. Preventing a person’s participation in social life by restricting their financial independence combines economic and psychological violence. Refusing to give money for personal expenditure, limiting participation in social activities through monetary obstacles, and severing the connection with the outside world by restricting transport and communication facilities are examples of this manifestation.
Exerting pressure on the will through monetary threats. Making a spouse economically dependent and using that dependence as an element of threat is also a widespread form of economic violence. Intimidation through words such as "If you divorce me I will not give you a penny", compelling a spouse to remain in the marriage by telling them they will be deprived of financial security, and attempting to steer their decisions by implying that they will be left penniless fall within this scope.
Proving an Allegation of Economic Violence
Unlike physical violence, economic violence leaves no visible trace and may therefore be more difficult to prove before the court. Nevertheless, when documentary and witness evidence are brought together the allegation can be established convincingly. The principal means of evidence available in the proceedings are as follows.
Bank records and financial documents. Bank records may be decisive in showing that a spouse has blocked access to resources, kept income under supervision or failed to meet essential expenditure. Within this scope, account movements demonstrating that the whole of a salary has been seized; financial transactions restricting spending, such as the reduction of a credit card limit without the spouse’s consent; bills, purchase receipts and account statements showing that basic needs have not been met; and asset documents relating to immovable property registered in the spouse’s name but which they are not permitted to use may be submitted to the case file.
Witness statements. Witness statements occupy an important place in establishing economic pressure; persons who have witnessed the events directly or indirectly may give evidence before the court. In practice, family members aware of the situation such as the mother, father and siblings; close friends who have observed the financial hardship within the home; neighbours who have witnessed the events; and colleagues and employers in a position to see whether the spouse has been prevented from working may be heard as witnesses. These persons may inform the court that the victim was not even given pocket money, was not allowed to work, or was kept under constant financial pressure.
Correspondence and electronic records. Where the pressure has been exerted through messaging applications, electronic mail or written documents, these records serve as strong evidence. The conditions under which WhatsApp correspondence carries evidential value is a matter requiring separate assessment. Expressions such as "I am not allowing you to spend this much money, you will account to me!", "If you divorce me I will not give you a single penny, you will starve.", "I am not allowing you to work, looking after the house is not my job but yours.", "If you spend, I will cancel your card." are among the records that set out financial pressure in writing.
Investigation of social and economic circumstances. The court may order an investigation of social and economic circumstances in order to establish the financial position of the parties. Within the scope of this investigation the incomes and assets of the spouses are examined; it is investigated whether the spouse in a favourable economic position has caused the other detriment; and information on the parties’ financial position is gathered through official institutions and neighbourhood administrations.
The data thus gathered may enable economic violence to be established by official documents. Building a sound structure of evidence is the element that determines the outcome in divorce actions based on economic violence; when bank records, witness accounts, examples of messages and e-mails and the investigation of social and economic circumstances are assessed together, the allegation becomes capable of proof. This evidence is decisive not only for the determination of fault but also for the granting of alimony and compensation claims.
Independent Legal Assessment
In divorce files an allegation of economic violence is most often raised not on its own but together with allegations of psychological pressure, breach of the duty to live together and conduct undermining trust. The structure of the file should therefore be founded not on a single incident but on a continuous pattern of behaviour. The difference between an isolated dispute over expenditure and systematic financial restriction spread over years is decisive in the assessment of fault.
In files in which an allegation of economic violence is advanced, the following matters should be given priority in particular:
- Documenting the allegation by reference to the criteria of continuity and intensity, rather than reducing it to individual incidents
- Establishing the other party’s ability to pay by objective data, since impossibility must be distinguished from avoidance
- Obtaining bank, land registry and enforcement records before the action is brought and structuring the list of evidence accordingly
- Ensuring that correspondence and electronic records have been obtained lawfully
- Clearly establishing in the petition the connection between the financial pressure and the claims for interim alimony and for pecuniary and non-pecuniary damages
- Assessing protective and preventive measures, where the conditions are met, simultaneously with the court proceedings
Independent Legal provides advisory and litigation services throughout the entire process, from the preparation of evidence to the conduct of the action, in disputes arising from family law.