Using the Former Spouse’s Surname After Divorce in Türkiye

After a divorce in Türkiye, one of the most frequently asked questions is whether the ex-wife may continue using her former husband’s surname. This issue is legally regulated and can be resolved either during the divorce proceedings or through a separate case filed after the divorce becomes final.

What Does It Mean to Use the Former Spouse’s Surname After Divorce?

Under Article 173 of the Turkish Civil Code (TMK), the general rule is clear:

“In case of divorce, the woman shall take back her previous surname before marriage.”

Therefore, when a divorce judgment becomes final, the ex-wife automatically reverts to her maiden surname without any separate court order.

However, the same article also provides an exception that allows a divorced woman to continue using her former husband’s surname, provided certain conditions are met:

“If the woman proves that she has an interest in using the surname of her former husband and that such use will not cause any harm to him, the court may permit her to continue using it.”

This means that a divorced woman who wishes to retain her ex-husband’s surname must apply to the court and prove both the existence of a legitimate interest and the absence of harm to her ex-husband.

Legal Basis for Continuing to Use the Ex-Husband’s Surname

The court grants permission based on two main conditions:

1. The woman must demonstrate a legitimate interestin continuing to use the surname.

2. The use of the surname must not cause harmto the ex-husband.

If both conditions are satisfied, the family court may issue a judgment allowing the woman to continue using the surname after divorce.

1. The Condition of Legitimate Interest

The first requirement is that the woman must have a valid reason or benefit in continuing to use the surname.
This interest may be economic, professional, social, or personal.

Common examples include:

• A woman who has built professional recognition under her married name (for example, a doctor, artist, lawyer, or public figure).

• A business owner or entrepreneur who operates a company known under her married surname.

• A mother who wishes to share the same surname as her children for social convenience or emotional reasons.

The Turkish courts generally accept these examples as sufficient grounds for establishing a legitimate interest.

2. The Condition of No Harm to the Former Husband

The second requirement is that the continued use of the surname must not harm the ex-husband.
The court evaluates whether the use of the surname might negatively affect his reputation, honor, family name, or personal rights.

If the court determines that no harm will occur, it can grant the woman permission to continue using her former husband’s surname.
However, if the ex-husband proves that such use damages his dignity, reputation, or causes confusion, the court may reject the request.

How to File a Case to Continue Using the Ex-Husband’s Surname

A woman who wishes to keep her former husband’s surname has two options:

1. Request permission during the divorce case
   The claim can be included in the divorce petition along with other demands such as alimony, custody, and compensation. In this case, the family court evaluates all issues together and may grant permission in the divorce judgment.

2. File a separate lawsuit after the divorce
   If the issue arises after the divorce decree becomes final, the woman may file a separate case before the Family Court (Aile Mahkemesi).

   In this situation, the case must be filed within one yearfrom the date the divorce judgment becomes final. After this time limit expires, the right to bring the case lapses.

The court will review whether the conditions of interest and non-harm are met and decide accordingly.

Use of the Former Surname in an Amicable (Uncontested) Divorce

In uncontested divorce cases, the parties prepare and submit a divorce protocol that outlines the terms of their separation.
If both parties agree that the woman may continue using her former husband’s surname, this clause should be explicitly included in the protocol.

Once the family court approves the protocol, the woman may lawfully continue to use her ex-husband’s surname.
Therefore, if a woman wishes to keep her surname, it is essential to include this request in the divorce agreement and have it approved by the judge.

What If the Former Husband Objects to the Use of His Surname?

An ex-husband may object to his former wife’s continued use of his surname if he believes it harms his personal or family reputation.
In such cases, the court allows both parties to present their arguments.

The ex-husband may claim that the use of his surname causes confusion or damages his standing in society or business.
If the court finds the objection justified, it may revoke the woman’s right to continue using the surname.

Revocation of Permission Due to Changed Circumstances

Article 173/3 of the Turkish Civil Code provides:

“The husband may request the revocation of the permission if the circumstances change.”

This means that even after the court initially grants permission, the former husband can later apply for revocation if new circumstances arise that make the continued use inappropriate.

For example, if the woman engages in unlawful or unethical activities under the surname, or if the name becomes associated with behavior that damages the husband’s reputation, the court may revoke the permission upon request.

Duration and Costs of the Case

The case to continue using the ex-husband’s surname generally lasts around six months.
If it is filed within the divorce proceedings, it may take longer depending on the complexity of the main case.

As of 2025, the average court expense is approximately 8,000 TL, excluding attorney fees.
Legal representation costs vary based on the complexity of the case and the minimum attorney fee schedule.

Conclusion

The right to continue using the ex-husband’s surname after divorce is not automatic and requires court approval.
The woman must demonstrate that she has a legitimate interest and that such use will not harm her ex-husband.
It is strongly recommended to consult a family law attorney to ensure the application is filed within the legal deadline, properly documented, and supported by relevant evidence.

Bayraktar Attorneys Can Assist You

At Bayraktar Attorneys, we represent foreign and Turkish clients in family law and civil status proceedings, including:

• Divorce and post-divorce cases,

• Surname and identity change applications,

• Custody, alimony, and inheritance matters, and

• Recognition and enforcement of foreign divorce decrees in Türkiye.

Our bilingual legal team ensures that foreign nationals understand the process clearly and that all petitions are prepared in compliance with Turkish procedural law.

📞 Contact us: [email protected] | www.bayraktarattys.com
📍 Kolektif House Levent, Talatpaşa Cd. No: 5/1, 34394 Şişli / İstanbul, Türkiye