You Won the Divorce Case but Your Alimony Claim Was Rejected? Who Bears the Attorney Fee?

Divorce cases in Turkey rarely consist of a single claim. Alongside the divorce itself, multiple claims — alimony, custody, pecuniary and moral damages — are raised within the same case. So what happens if the divorce claim is granted while one of these additional claims (say, alimony or custody) is rejected? Can the other side demand a separate court-awarded attorney fee from you for the rejected part? For parties going through a divorce, this question is a significant source of both financial and psychological uncertainty.

Why This Matters

When a divorce case concludes, people tend to assume that who "won" and who "lost" is measured not only by the divorce ruling but by the fate of every claim in the case. Yet a principle the Court of Cassation (Yargıtay) has applied consistently for years largely resolves this confusion. Not knowing this principle can expose you to the risk of needlessly paying an additional attorney fee — or cause you to forgo an attorney fee you are actually entitled to.

Summary of the Situation (A Typical Scenario)

A person files a divorce case against their spouse and, in the petition, also claims alimony and custody. At the end of the trial, the court grants the divorce; however, it rejects the alimony claim in part and the custody claim entirely. Relying on this rejection, the defendant asks the court to award a separate attorney fee in their favor. The claimant, meanwhile, believes that since the divorce case was won, an attorney fee has already been awarded in their favor — and that no additional attorney fee should be payable for the rejected alimony and custody claims.

The Legal Issue

The core question is this: are claims such as alimony and custody an independent part of the divorce case, or are they ancillary (fer'i) to the divorce? This distinction directly determines to whom, and how, the attorney fee is awarded.

What Does the Court of Cassation Say?

The settled, consistent case law of the Court of Cassation's 2nd Civil Chamber draws a clear framework:

The General Rule: No Separate Attorney Fee for Ancillary Claims

• Court of Cassation, 2nd Civil Chamber (2012, E. 2011/8197, K. 2012/5472): Held that where pecuniary/moral damages and alimony claims ancillary to the divorce are granted or rejected, no separate attorney fee may be awarded, and that awarding an attorney fee in the defendant's favor over the rejected portions is therefore incorrect.
• Court of Cassation, 2nd Civil Chamber (2011, E. 2010/11699, K. 2011/13782): Established the rule that "the rejection of part of the claims ancillary to the divorce does not require an attorney fee to be awarded in favor of the other party."

Specifically on Rejected Alimony Claims

• Article 9/2 of the Minimum Attorney Fee Tariff (AAÜT) provides that "in alimony cases, no attorney fee may be awarded for the rejected portion." The Court of Cassation's 3rd Civil Chamber (2019, E. 2019/3116, K. 2019/6326) expressly cited this provision and found the award of an attorney fee in the defendant's favor for the rejected alimony portion contrary to procedure and law.
• Court of Cassation, 2nd Civil Chamber (2017, E. 2016/25838, K. 2017/938): Treated the award of an attorney fee in the defendant's favor over the rejected alimony amount — despite the divorce case being granted — as a ground for reversal.
• A more recent ruling of the 2nd Civil Chamber (2022, E. 2022/3216, K. 2022/4035) likewise confirmed that where post-divorce (poverty) alimony and child-support claims are rejected in whole or in part, no separate attorney fee may be awarded for them.

Specifically on Rejected Custody Claims

• Court of Cassation, 2nd Civil Chamber (2013, E. 2012/14928, K. 2013/1658): Expressly stated that where custody requests — ancillary to the divorce — are granted or rejected, no attorney fee may be awarded.
• Court of Cassation, 2nd Civil Chamber (2012, E. 2011/8995, K. 2012/5426): Found attorney-fee objections tied to the rejection of a custody claim unfounded on the same principle.

The Difference in Standalone Alimony Cases

One point deserves attention: this principle is specific to ancillary claims within a divorce case. The Court of Cassation's 3rd Civil Chamber (2017, E. 2016/17951, K. 2017/7409) held that even in an independently filed alimony case, under AAÜT 9/2 no attorney fee may be awarded in the defendant's favor for the rejected portion — meaning this protection is not limited to claims tied to a divorce.

Points to Watch

• The outcome of the main claim (the divorce) is decisive. The attorney fee is awarded essentially according to whether the divorce claim is granted or rejected.
• Rejection of ancillary claims does not generate a separate attorney fee. Even if alimony, custody and damages claims are rejected in whole or in part, no standalone attorney fee should be awarded to the other side for these items.
• Know Article 9/2 of the AAÜT. It expressly provides that in alimony cases (whether ancillary to a divorce or filed independently) no attorney fee may be awarded for the rejected portion.
• If your judgment contains a ruling contrary to this principle, consider appeal. The Court of Cassation consistently reverses decisions that violate it.

Conclusion: What Should You Do?

If the main claim in your divorce case — the divorce itself — was granted, an attorney fee must be awarded in your favor on that basis. The rejection of additional claims such as alimony or custody does not entitle the other side to a separate attorney fee.

• If your judgment awards a separate attorney fee against you because of a rejected alimony or custody claim, make sure to challenge that part on appeal (istinaf/temyiz).
• Draft your petition with this principle in mind, shaping your claims and reasoning accordingly.
• Since attorney-fee calculations are technical, getting support from a family law attorney from the outset of the case will help prevent potential losses of rights.