Salary reduction for couples divorced by mutual consent applies when spouses who divorced by agreement continue to live in the same house. Some people divorce by mutual consent solely to claim a survivor or pension benefit from a parent or spouse and keep receiving payments while continuing to live together. The state has introduced legal measures to prevent such abuses. When a couple divorces by agreement but continues cohabiting, various sanctions may be imposed.
In which mutually agreed divorce cases is salary reduction not applied?
No salary reduction will occur if the divorced couple does not live together after the mutually agreed divorce. According to Article 56 of Law No. 5510, a person who divorced a spouse and still resides with that spouse cannot receive certain social security payments. However, if someone who is not married shares a house with another person, marriage or divorce rules do not apply and there is no salary reduction. Occasional visits by an ex-spouse do not automatically trigger a reduction in benefits.
How to report complaints about mutually agreed divorces?
Complaints about a mutually agreed divorce can be made by anyone in the couple’s social environment. To report a couple who benefit unfairly, a written complaint should be submitted to provincial or district SGK (Social Security Institution) offices. Those who prefer not to file a written complaint can call the Alo 170 Labor and Social Security Communication Center to report the case. Complaints about couples who divorced by agreement but continue to receive benefits can also be submitted to BİMER (the communication center for public services).
Complaint hotline for mutually agreed divorce
To report a mutually agreed divorce, first ensure the couple actually receive a pension and divorced for that purpose. When calling Alo 170, provide the couple’s names and home address. The identity of the complainant is not disclosed. After receiving complaints, SGK inspection officers will visit the address and conduct preliminary inquiries. Authorities may then expand the investigation by taking statements from neighbors and local shopkeepers. Utility bills for the address and the individuals’ joint or separate bank accounts are also analyzed. If cohabitation is confirmed, legal sanctions are applied.
Is receiving a pension after a mutually agreed divorce a crime?
Receiving a pension after a mutually agreed divorce is a crime if the divorce was arranged to deceive the state and obtain pension benefits. This conduct is legally considered “defrauding the public” and the couple may face sanctions, including substantial fines. In survivor pension situations, the deceased insured person’s child receives 75% of the pension; if an unmarried or single daughter exists, she may receive 25% as an orphan’s pension. In cases of fraudulent mutual divorce, the payment may be reattached to the child. Those who obtain pensions by divorcing solely for financial gain are considered to have committed a legal offense and may face penalties.
Where to report those who divorce to claim a father’s pension
To report people who divorced to receive a father’s pension, call Alo 170 and explain the situation. The Social Security Institution initiates investigations and may file criminal complaints against couples who divorce by agreement to obtain pension benefits. Reports to Alo 170 are taken directly into examination. When irregular pension receipt is detected, SGK may refer the case to the prosecutor’s office. Suspects may be prosecuted for aggravated fraud or forgery of official documents in criminal courts. If the investigation finds them guilty, appropriate sanctions are enforced.
Can couples escape SGK consequences after a mutual divorce?
There is no escape from SGK oversight for fraudulently obtained pensions. SGK inspection officers evaluate reported cases and many couples are fined. Under Article 56 of Law No. 5510, if a person who divorced a spouse is found to still live with them, the allocated pensions and benefits for that person and children are cut off. Amounts already paid are reclaimed in accordance with the relevant legal provisions. To trigger retrieval of paid benefits, a report must be made. Since October 1, 2008, if cohabitation after divorce is proven for any reason, the pension payment must be terminated.
Divorcing to claim a father’s pension
Couples who file for divorce to claim a pension from a deceased father may face sanctions when the divorce is found to be sham. Conditions to receive an orphan’s pension from a deceased parent typically include:
- Not working in insured employment in Turkey or abroad.
- Not receiving a pension based on their own insured status.
- Being unmarried or being a widow/widower.
For survivor pensions from deceased parents, the beneficiary is usually required to be unmarried. Many sham divorces are aimed at obtaining these payments. Under Article 56 of Law No. 5510, if it is determined that a person who divorced still lives with their spouse, any pensions already paid will be reclaimed.
How does SGK detect mutually agreed divorces?
SGK detects sham mutual divorces based on complaints and subsequent inquiries. Following a report, SGK analyzes the case and may visit the couple’s residence to carry out a detailed investigation. This includes obtaining statements from neighbors, local shopkeepers, and the neighborhood headman. If the field investigation finds that the divorced person continues to live at the same address, SGK takes necessary action. When the investigation shows the divorce was for the purpose of benefit fraud, all pension payments are reclaimed.
Can divorced spouses continue to live in the same house?
Divorced spouses living together is not in itself a punishable offense. However, if they divorced to benefit from a pension and continue cohabiting, criminal and administrative sanctions may apply. If divorced spouses do not gain any financial advantage from living together, there is no sanction. Divorced couples are free to reside at the same address, open joint accounts, or share an address if they do not obtain improper benefits. If a financial benefit is detected, paid pensions will be reclaimed and pension payments stopped.
Reporting those who divorce and continue to live together
Reporting couples who divorce and still live together is a civic responsibility. Couples who divorce to gain unjust benefits from the state and SGK are reported to the prosecutor’s office. Calls to Alo 170 are used to file such reports. Reported couples are subject to detailed SGK investigations, beginning with neighborhood inquiries. Neighbors, local businesses and others are interviewed. The couple’s residence, bank accounts and families are examined. If unjust enrichment is confirmed, a formal investigation is opened.