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Yargıtay rules on pension cuts for cohabiting ex-spouses
The 10th Civil Chamber of the Court of Cassation (Yargıtay) has issued a precedent-setting ruling regarding the termination of orphan pensions for individuals who continue to live with their former spouses.
Under Law No. 5510, the Social Security Institution (SGK) is mandated to cut income or pensions for those determined to be de facto living with an ex-spouse. The Court emphasized that the primary factor is the actual state of cohabitation rather than the intent or sincerity behind the divorce. Whether a divorce was genuine or conducted for fraudulent purposes to maintain pension eligibility is not the deciding factor; the physical reality of living together is.
The ruling applies to all cases occurring after October 1, 2008. In a specific case involving a woman receiving an orphan pension from her deceased father, the Court ordered a detailed investigation into living arrangements, including reviewing address records, police reports, and testimonies from neighbors and building managers to confirm cohabitation status.
Entities
10th Civil Chamber of the Court of Cassation · Social Security Institution · Turkey · Yargıtay
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 2 SOURCES] The 10th Civil Chamber of the Court of Cassation ruled that the purpose of a divorce is not the determining factor, but rather the fact of whether the parties continue to live together. www.hamlegazetesi.com.tr · www.ilkhaber-gazetesi.com
- [● 2 SOURCES] Under Law No. 5510, death pensions or incomes must be cut if it is determined that a beneficiary is living with their former spouse. www.hamlegazetesi.com.tr · www.ilkhaber-gazetesi.com
- [● 2 SOURCES] The regulation regarding the cutting of pensions for cohabiting former spouses applies to cases from October 1, 2008, onwards. www.hamlegazetesi.com.tr · www.ilkhaber-gazetesi.com