Modernizing Alimony Laws: Equity for Women After Divorce in Taiwan
- By Chen Cheng-yu and Jonathan Chin / Staff reporter, with staff writer
Advocate for changes in alimony regulations to safeguard women's rights: Fan Yun's perspective
Seeking justice for women post-divorce is an ongoing battle, with the Democratic Progressive Party (DPP) Legislator Fan Yun (范雲) and civic groups calling for alimony law reforms in Taiwan's Civil Code. A news conference was held at the legislature in Taipei ahead of Mother's Day, addressing the issue.
In the past decade, only 21 women out of 2009 to 2018 female litigants seeking spousal support have received alimony, equating to 22 percent. These statistics, reveals a gap in Taiwan's divorce and alimony laws, according to Fan. The Awakening Foundation and Warm Life Association co-hosted the event.
current labor statistics show that 90 percent of Taiwanese women are part of the workforce. However, 21 percent resigned from jobs to marry, while 23 percent left jobs to raise their families. According to Fan, these women are not guaranteed alimony even if they face hardships such as being senior citizens, survivors of domestic abuse, or dealing with chronic health conditions.
One poignant example highlights a former doctor forced to work as an assembly line worker after divorce because her medical license had expired, with no alimony received. The decision to award alimony, as well as the amount given, should be based on lost income opportunities resulting from marriage to achieve equity, Fan asserts.
Alimony, per Fan, serves as compensation for career sacrifices women make for marriage, not a mechanism for poverty relief. This view is supported by the fourth report on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women. The last time alimony laws were amended was in 2003.
Historically, Taiwanese divorce laws have allowed for relatively easy initiation of divorce, particularly when both parties agree or provided certified proof of incompatibility. However, if one party refuses, evidence must be presented for valid grounds such as bigamy, infidelity, ill treatment, or desertion. In recent years, adultery, previously a criminal offense, has been decriminalized, changing the marital dispute legal landscape [1].
Reforms advocates seek to strengthen women's financial rights after divorce by addressing ongoing gender inequalities in property and wealth ownership. Research has shown significant gaps in land and real estate ownership between men and women in Taiwan, adversely impacting women's post-divorce financial security [4].
Public and governmental attention has been drawn to the need for comprehensive measures to eliminate discrimination and gender-based violence, aiming to tackle the intersecting issues of economic insecurity post-divorce [3]. Legal scholars point to ongoing debates over finding a balance between individual, family, and state responsibilities in maintenance and alimony litigation [2].
The need for reforms emphasizes addressing the contested and evolving area of women's financial security post-divorce, focusing on modernizing alimony laws, ensuring equitable property divisions, and eliminating gender discrimination.
- Legislation reform for alimony laws in Taiwan's Civil Code is being advocated by lawmakers and civic groups, as mainstream statistics show that only 22% of women seeking spousal support post-divorce have received it.
- The Awakening Foundation and Warm Life Association hosted a news conference in Taipei discussing the issue of alimony law reform ahead of Mother's Day.
- While 90% of Taiwanese women are part of the workforce, statistics show that 21% resigned from jobs to marry and 23% left jobs to raise families, yet are not guaranteed alimony.
- Demanding equity, DPP Legislator Fan Yun asserts that alimony should be based on lost income opportunities that result from marriage, serving as compensation for career sacrifices and not a mechanism for poverty relief.
- The need for alimony law reform is supported by the fourth report on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women, and it is argued that it serves to address ongoing gender inequalities in property and wealth ownership.
- Legal scholars argue that a balance between individual, family, and state responsibilities in maintenance and alimony litigation needs to be found, with a focus on modernizing alimony laws and ensuring equitable property divisions.
- Public and governmental attention has been drawn to the need for comprehensive measures to eliminate discrimination and gender-based violence, with reforms focusing on addressing the contested area of women's financial security post-divorce, and encompassing health-and-wellness, lifestyle, family-dynamics, relationships, policy-and-legislation, general-news, science, and women's health.
