Divorces carried out to receive a “father’s pension” are among the most serious types of abuse facing Turkey’s social security system. This practice harms the SGK budget and deprives genuinely eligible citizens of their rights. Actions such as collusive divorce, sham divorce, irregular orphan’s pension, and unlawful death pension are defined as criminal offenses under the Turkish Penal Code and SGK legislation.
Therefore, divorces made by agreement to obtain a father’s pension are not only unethical but also carry serious legal consequences.
What Is the Father’s Pension and Who Can Receive It?
The father’s pension, officially called a death pension, is a social security benefit paid after the death of a registered insured person to the surviving spouse, children, and in some cases to the parents.
Conditions for Receiving an Orphan’s Pension
| Eligible Person | Conditions |
|---|---|
| Daughter | Unmarried, not working, not receiving another SGK pension |
| Son | Under 18; if a student, up to 25 years old |
| Spouse | Valid as long as the official marriage remains |
| Parents | If income requirements are met |
What Is a Collusive Divorce?
A collusive divorce occurs when partners continue to live together in practice but officially divorce solely to obtain a father’s pension or an orphan’s pension.
This practice is considered legally invalid, and if identified by SGK the consequences include:
-
All granted pensions are revoked
-
Undue payments are collected retroactively with interest
-
A criminal complaint is filed with the prosecutor
Where to Report Those Who Divorce to Get a Father’s Pension?
There are several official channels for reporting such irregularities.
1. SGK Provincial Directorate
The most direct and effective method is to submit a written complaint to the SGK Provincial Directorate.
| Type of Application | Description |
|---|---|
| Written Petition | Include identity details and a clear description of the incident |
| Notification via e-Government | Use the Social Security Institution’s reporting module |
| ALO 170 | Labour and Social Security hotline |
2. Public Prosecutor’s Office
False statements in official documents, aggravated fraud, and causing public loss can be the subject of a criminal complaint to the public prosecutor’s office.
| Type of Offense | Legal Basis |
|---|---|
| Aggravated Fraud | TCK 158 |
| Forgery of Official Documents | TCK 204 |
| Causing Public Loss | Law No. 5510 |
3. CIMER Application
Complaints filed through the Presidential Communication Centre (CIMER) are forwarded directly to the SGK Inspection Board and relevant institutions.
4. ALO 170 Tip-off Line
ALO 170 allows anonymous reporting and is a secure, fast option.
How Does the SGK Inspection Process Work?
After a tip-off, SGK conducts field investigations through social security inspectors and performs cross-checks.
Elements Examined During Inspection
| Inspection Topic | Description |
|---|---|
| Address Records | Population registry and residence records |
| Utility Subscriptions | Whether they live at the same address |
| Neighbor Testimonies | Evidence of factual cohabitation |
| Bank Transactions | Shared expenses and transfers |
| Phone Records | Continuous communication |
Criminal and Financial Sanctions
| Type of Sanction | Description |
|---|---|
| Pension Cancellation | The granted pension is completely terminated |
| Repayment | Undue payments are recovered with interest |
| Criminal Penalty | Imprisonment and fines may apply |
| Disqualification from Public Rights | Temporary loss of certain civil rights |
How Are Divorced Couples Living Together Detected?
SGK’s digital analysis systems and field teams cross-check the following data:
| Data Type | Inspection Method |
|---|---|
| Population and Address Records | MERNİS registry |
| Billing Subscriptions | Electricity, water, natural gas bills |
| Bank Transactions | Joint accounts and transfers |
| Social Media | Signs of shared household life |
| Neighbor Statements | Witness testimonies |
Is the Person Who Reports Protected?
The identity of the informant is kept confidential. SGK and prosecutor’s offices do not disclose personal data.
Are There Consequences for False Reports?
Deliberately making false accusations or filing baseless reports can incur legal liability.
Frequently Asked Questions
1. Is divorcing to obtain a father’s pension a crime?
Yes. It can be prosecuted as aggravated fraud and carries severe penalties.
2. Will SGK demand repayment for past payments?
Yes. Undue amounts are recovered with interest.
3. Will the informant’s identity be disclosed?
No. Complete confidentiality is maintained.
4. How many years back can inspections go?
Inspections can typically cover up to 10 years, depending on the case.
5. Is it mandatory to file a complaint with the prosecutor?
No, but filing with the prosecutor is recommended if criminal proceedings are sought.