Lawyer comments on cat alimony case: A precedent-setting protocol

Buğra B., who lives in Istanbul, filed for divorce from his wife of 2 years, Ezgi B., due to severe incompatibility. In the case where the parties divorced by mutual agreement, Buğra B. left the custody of his two cats to his ex-wife, Ezgi B.

The divorce protocol states that Buğra B. will make a payment of 10,000 lira every 3 months for the cats' care expenses.

In the 'divorce by mutual agreement protocol' submitted to the Istanbul Family Court, it was also stated that both parties had mutually agreed to the divorce, that they had reached an agreement on ending the marital union, and that Buğra B. had agreed to pay 550,000 lira in material compensation to his ex-wife, Ezgi B.

"THEY HAVE REACHED AN AGREEMENT"

On the other hand, the protocol included the following statements: "The parties have reached an agreement that the 2 cats belonging to Buğra B. will remain with Ezgi B. As long as the cats remain with Ezgi B., and in any case for up to 10 years, Buğra B. will pay Ezgi B. 10,000 lira every three months as care expenses for the cats. Following the finalization of the divorce decree, this rate will be increased annually by the CPI-PPI rate determined by TUIK."

"AN AGREEMENT HAS BEEN REACHED FOR THE CATS TO STAY AT THE WOMAN'S HOME"

Lawyer Aylin Esra Eren evaluated the legal aspects of the intriguing case. Stating that they know pet owners establish a bond with their pets through a microchip, Lawyer Aylin Esra Eren said, "In other words, we see that the owner of the pet is also the owner of the chip. We can check whether someone is the owner of an animal from here. If the parties acquired a pet, or two cats as in this case, during the marital union, it is necessary to determine whose name the chips are registered under. Because whoever owns the chip, the pets are in their home, under their care and supervision. Veterinary follow-ups are conducted, and they are expected to be cared for. Otherwise, they would fall into the status of stray animals due to lack of care, and abandoning a microchipped animal on the street also constitutes a separate crime. Considering that the divorcing couple will no longer live in a common home, cats, by their nature, are not creatures that can be dragged from house to house. They need to live in one home. We cannot move the cats around, both for their health, care, and psychological well-being. For this reason, the 'custody' mentioned in the decision is actually a decision regarding which home the cats will stay in. And in this decision, the couple reached an agreement for them to stay at the woman's home," she said.

"AFTER THE ANIMALS PASS AWAY, THE FEE PAID BY THE MAN WILL BE TERMINATED"

Stating that the protocol sets a precedent, Lawyer Eren said, "Since there will be care, supervision, veterinary expenses, food expenses, medication expenses, and vaccination expenses for the cats, this decision has actually been a very good, very precedent-setting decision, as if it were a common child. We see that there is a commitment by the male spouse to contribute to the cats' expenses, just like for a common child. He has made a commitment to make a payment of 10,000 TL every 3 months. We cannot call this alimony under the Turkish Civil Code. Because alimony can only be requested by the spouse—the woman or the man—or for the children. Unless there is an agreement during the divorce process, alimony is not granted for pets, as in this file. A duration has been determined based on the average lifespan of cats, and if we are to interpret this, we can understand that an agreement has been reached that the other party will contribute by paying 10,000 lira every three months for the duration of the cats' lives, and that there will even be an increase in this rate as per the protocol. After the pets pass away, the 10,000 lira fee that the male spouse pays to the female spouse for the care of the cats will be terminated," she said.