Legislative Yuan Reviews Divorce Law Amendments; Chuang Jui-hsiung to Hold Hearings for Expert Opinions
The Legislative Yuan reviewed amendments to civil code divorce regulations. Due to differing views on separation periods and alimony among the Executive Yuan, Judicial Yuan, and legislators, public hearings will be held.
📋 Article Processing Timeline
- 📰 Published: April 23, 2026 at 13:50
- 🔍 Collected: April 23, 2026 at 14:01 (10 min after Published)
- 🤖 AI Analyzed: April 23, 2026 at 16:05 (2h 4m after Collected)
Central News (CNA reporter Wang Yang-yu, Taipei, 23rd) The Legislative Yuan's Judiciary and Organic Laws and Statutes Committee today reviewed the Civil Code regulations concerning the grounds for court-decreed divorce and alimony. The Executive Yuan and Judicial Yuan held different opinions on some articles, and legislators also had differing views. Before adjourning, committee chair and DPP legislator Chuang Jui-hsiung said the matter is of great consequence, and public hearings will be held soon to listen to experts and scholars for a comprehensive discussion of the system.
The Judiciary and Organic Laws and Statutes Committee today jointly reviewed the draft amendments to the Civil Code's Family Part submitted by the Executive Yuan and Judicial Yuan, as well as drafts proposed by legislators across party lines. Minister of Justice Cheng Ming-chien and others attended to explain and prepare for questioning. Today's agenda only involved questioning and answering; the legal review portion will be scheduled for further review later.
There are several focal points in this amendment, including moderately relaxing the requirements for a court-decreed divorce, and adding provisions that the right to claim alimony and unmatured periodic payments extinguishes upon the remarriage or death of the alimony rights holder.
For example, the Executive Yuan's version stipulates that if the cumulative separation period reaches 3 years within 5 years, either spouse may file a divorce lawsuit. However, the Judicial Yuan presented a different view, suggesting that it should be when non-cohabitation has reached 3 years and is in a continuous state, either spouse may file a divorce lawsuit.
During the committee meeting, TPP legislator Chen Chao-tzu, KMT legislators Weng Hsiao-ling, Hsu Yu-chen, Lin Chien-chi, and DPP legislators Fan Yun, Chang Ya-lin, and Chuang Jui-hsiung raised opinions on the aforementioned issues.
During questioning, multiple legislators disagreed that the right to claim alimony and unmatured periodic payments should extinguish due to the remarriage or death of the rights holder. Legislators believe that since alimony is compensatory in nature rather than a maintenance obligation, it shouldn't simply be written off because of remarriage or a change in status. They hope the Ministry of Justice and Judicial Yuan will reconsider.
Cheng Ming-chien mentioned that remarriage establishes a new marital relationship. This system wasn't invented in Taiwan but refers to legislative examples in Germany and Switzerland, adopting the "clean break" principle regarding alimony.
Furthermore, regarding using spouses not continuing to live together for a certain period as a ground for a court-decreed divorce, both the Executive Yuan and Judicial Yuan versions have relevant regulations, but the constituent elements differ. Weng Hsiao-ling suggested that considering case handling and practical conditions, a separation registration system could be established using foreign methods, which might make legal handling easier when disputes arise in the future.
Chuang Jui-hsiung, the committee convener with a lawyer background, pointed out that scheduling this agenda today is because it must be dealt with after the Constitutional Court ruling was issued. Looking globally, most countries have gradually shifted from a fault-based system to determining whether the marriage has substantively broken down as the standard for divorce.
Chuang Jui-hsiung stated that the core issue in discussing the divorce system is whether the design can protect the vulnerable from being sacrificed, and how people can live after divorce. "We cannot let those who can walk away leave, while the vulnerable stay in place injured." He will hold public hearings recently to listen to experts and scholars to conduct a complete system discussion, so everyone can figure out a solution together. (Editor: Lin Ke-lun) 1150423
Stand with facts, your every sponsorship is the power to guard press freedom
Download the CNA "First Hand News" APP, immediately grasp the latest news
The text, pictures, and audio-visuals on this website may not be reproduced, publicly broadcast, publicly transmitted or utilized without authorization.
The Judiciary and Organic Laws and Statutes Committee today jointly reviewed the draft amendments to the Civil Code's Family Part submitted by the Executive Yuan and Judicial Yuan, as well as drafts proposed by legislators across party lines. Minister of Justice Cheng Ming-chien and others attended to explain and prepare for questioning. Today's agenda only involved questioning and answering; the legal review portion will be scheduled for further review later.
There are several focal points in this amendment, including moderately relaxing the requirements for a court-decreed divorce, and adding provisions that the right to claim alimony and unmatured periodic payments extinguishes upon the remarriage or death of the alimony rights holder.
For example, the Executive Yuan's version stipulates that if the cumulative separation period reaches 3 years within 5 years, either spouse may file a divorce lawsuit. However, the Judicial Yuan presented a different view, suggesting that it should be when non-cohabitation has reached 3 years and is in a continuous state, either spouse may file a divorce lawsuit.
During the committee meeting, TPP legislator Chen Chao-tzu, KMT legislators Weng Hsiao-ling, Hsu Yu-chen, Lin Chien-chi, and DPP legislators Fan Yun, Chang Ya-lin, and Chuang Jui-hsiung raised opinions on the aforementioned issues.
During questioning, multiple legislators disagreed that the right to claim alimony and unmatured periodic payments should extinguish due to the remarriage or death of the rights holder. Legislators believe that since alimony is compensatory in nature rather than a maintenance obligation, it shouldn't simply be written off because of remarriage or a change in status. They hope the Ministry of Justice and Judicial Yuan will reconsider.
Cheng Ming-chien mentioned that remarriage establishes a new marital relationship. This system wasn't invented in Taiwan but refers to legislative examples in Germany and Switzerland, adopting the "clean break" principle regarding alimony.
Furthermore, regarding using spouses not continuing to live together for a certain period as a ground for a court-decreed divorce, both the Executive Yuan and Judicial Yuan versions have relevant regulations, but the constituent elements differ. Weng Hsiao-ling suggested that considering case handling and practical conditions, a separation registration system could be established using foreign methods, which might make legal handling easier when disputes arise in the future.
Chuang Jui-hsiung, the committee convener with a lawyer background, pointed out that scheduling this agenda today is because it must be dealt with after the Constitutional Court ruling was issued. Looking globally, most countries have gradually shifted from a fault-based system to determining whether the marriage has substantively broken down as the standard for divorce.
Chuang Jui-hsiung stated that the core issue in discussing the divorce system is whether the design can protect the vulnerable from being sacrificed, and how people can live after divorce. "We cannot let those who can walk away leave, while the vulnerable stay in place injured." He will hold public hearings recently to listen to experts and scholars to conduct a complete system discussion, so everyone can figure out a solution together. (Editor: Lin Ke-lun) 1150423
Stand with facts, your every sponsorship is the power to guard press freedom
Download the CNA "First Hand News" APP, immediately grasp the latest news
The text, pictures, and audio-visuals on this website may not be reproduced, publicly broadcast, publicly transmitted or utilized without authorization.