TAIPEI (TVBS News) — The Executive Yuan (行政院) plans to discuss and approve a draft amendment to the Civil Code Part IV Family (民法親屬編) on Thursday (Feb. 20), which would relax divorce conditions by allowing couples to file for divorce after living apart for three years within five years. The amendment will include the right to claim alimony, and periodic payments will cease if the alimony recipient remarries or dies.
The draft amendment introduces five scenarios where one spouse can file for divorce, including consensual sexual relations with another person, intolerable abuse, malicious abandonment, attempted murder, or intentional crimes resulting in a prison sentence of more than two years.
If maintaining the marriage becomes unfeasible due to significant reasons beyond the listed scenarios, or if the couple has been separated for three years within five years, either spouse can file for divorce. Courts can dismiss divorce petitions if they deem the divorce unfair to the spouse opposing it.
The draft emphasizes the mutual obligation of spouses to support each other, as defined in Article 1116-1 of the Civil Code. Upon remarriage, the alimony recipient will receive support from the new spouse. Therefore, to prevent double benefits, the draft adopts a "clean break" principle, simplifying personal relationships by referencing German and Swiss legislative examples.
