The legislature’s Judiciary and Organic Laws and Statutes Committee yesterday held a public hearing on proposed changes to grounds for divorce and alimony obligations after government officials and lawmakers disagreed over whether alimony payments should end when a former spouse remarries and other issues.
The amendments to the Civil Code (民法) were proposed by the Executive Yuan, Judicial Yuan and lawmakers after the Constitutional Court ruled in 2023 that the laws on divorce restrict the right of the at-fault spouse to file for divorce or legal separation.
The amendments were scheduled to be reviewed by the committee yesterday.
Photo: Tsai Chang-sheng, Taipei Times
The proposed changes include easing the legal threshold for granting a divorce by adding provisions on the right to claim alimony and stipulating that unpaid periodic alimony payments would be terminated upon the remarriage or death of the entitled party.
Executive Yuan and Judicial Yuan officials disagreed on the grounds for filing for divorce after separation.
The Executive Yuan’s version stipulates that the married couple’s cumulative period of separation must reach three years within a five-year period before one of the spouses can file for divorce.
However, the Judicial Yuan said that a spouse could file for divorce if the parties have been separated for at least three years and the separation is ongoing.
Lawmakers disagreed on whether the right to claim alimony could be automatically terminated upon the recipient’s remarriage or death.
Minister of Justice Cheng Ming-chien (鄭銘謙) said remarriage establishes a new marital relationship, adding that the amendment was proposed after consulting laws in Germany and Switzerland.
Alimony payment should be guided by the principle of a “clean break,” Cheng added.
Chinese Nationalist Party (KMT) Legislator Weng Hsiao-ling (翁曉玲) said couples who separate should be asked to register in advance to avoid disputes if they decide to file for divorce.
Democratic Progressive Party Legislator Chuang Jui-hsiung (莊瑞雄), who presided over the meeting, ruled that the committee would host a public hearing next week to discuss the issue.
“The core issue in divorce law is to protect the weaker party in a marriage and hold the at-fault party accountable after divorce,” he said.
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