Cabinet Approves Amendments to Divorce and Alimony Regulations in Taiwan

Taipei: The Cabinet on Thursday approved draft legal amendments to expand the legal grounds for divorce in Taiwan and change the terms under which a divorced person can seek alimony. The draft bills, consisting of amendments to the Civil Code, must now be passed by the Legislative Yuan in order to become law. According to Focus Taiwan, the proposed amendments related to divorce allow either party in a marriage to file for divorce if the couple has lived separately for at least three of the past five years. This proposal arises from a 2023 Constitutional Court ruling on Article 1052 of the Civil Code, which specifies 10 circumstances under which either a husband or wife can petition for divorce. These conditions include infidelity, abuse, desertion, disappearance, serious mental or physical illness, and long-term imprisonment, among others. The Constitutional Court's March 24, 2023 ruling highlighted that the existing clause was overly stringent as it deprived the party "responsible" for the marital issue of the right to seek a divorce, regardless of how long ago the event occurred. On these grounds, the court mandated the Legislature to amend the law within two years, allowing a husband or wife deemed "responsible" for a marital issue the right to seek a divorce after a defined period of time. The Cabinet has also proposed changes to the requirements for seeking alimony, which currently are limited to those not deemed at fault in their divorce and experiencing "livelihood-related difficulties." The draft amendments suggest removing the "no fault" requirement and permitting divorcees to seek alimony due to "reduced employment opportunities." Furthermore, the amendments would impose more stringent regulations, such as requiring individuals to apply for alimony within two years of their divorce, as opposed to the current laws that do not specify a time limit. The proposal also includes a prohibition against receiving alimony after remarriage, although child support would continue to be available.