1) The basic rule: separation does not end a marriage in the Philippines

In Philippine law, being “hiwalay” for 10 years—no matter how long—does not dissolve the marriage. Unless a court issues a decree of (a) declaration of nullity, (b) annulment, or (c) legal separation, the spouses remain married, with continuing legal consequences on:

capacity to remarry (generally no),
property relations (often still linked, depending on the regime and facts),
inheritance rights,
support obligations,
parental authority and custody arrangements.

A spouse having a live-in partner also does not automatically end the marriage, but it can trigger civil, criminal, and property consequences, and it often affects what remedies are practical.

2) Identify what you want to achieve (because the “best” remedy depends on the goal)

Most situations fall into one (or more) of these goals:

You want to end the marriage so you can move on legally.
You want financial protection (support, property control, stopping dissipation).
You want child-related orders (custody, visitation, child support).
You want accountability for a spouse’s cohabitation/infidelity.
You want estate protection (inheritance/beneficiary issues).

You can pursue multiple remedies in parallel in some cases (for example: support + protection orders + property protection, while preparing a nullity/annulment case).

3) Option A: End the marriage bond (or get as close as Philippine law allows)

A1) Declaration of Nullity of Marriage (void marriage)

A void marriage is treated as invalid from the beginning (void ab initio). Common grounds include (examples only; not exhaustive):

no marriage license (with limited exceptions),
bigamous marriage (a prior marriage still valid),
incestuous or void by public policy,
psychological incapacity (Family Code Art. 36) — one of the most common modern grounds used.

Key points

If the marriage is void, you generally file a petition for declaration of nullity in Family Court.
A long separation (10 years) is not itself a ground—but may support a narrative of psychological incapacity or other relevant facts, depending on the history.
Psychological incapacity is not simply “we didn’t get along.” Courts look for serious incapacity to assume essential marital obligations, rooted in the person’s psychological makeup, and supported by evidence. Expert testimony is common, though the Supreme Court has clarified that a personal examination is not always strictly required, depending on the evidence.
Property issues are addressed through liquidation, and children’s custody/support is resolved in the case or related proceedings.

A2) Annulment (voidable marriage)

A voidable marriage is valid until annulled by a court. Grounds include:

lack of parental consent (if married at 18–21),
insanity,
fraud,
force/intimidation,
impotence,
serious and incurable sexually transmissible disease (as legally defined).

Key points

Annulment has strict grounds and time limitations (prescriptive periods) depending on the ground.
For couples separated for 10 years, annulment may or may not still be available depending on the specific ground and timeline.

A3) Legal Separation (separation from bed and board)

Legal separation allows spouses to live separately and triggers property consequences, but does not allow remarriage. Grounds include things like:

repeated physical violence or abusive conduct,
sexual infidelity,
abandonment (typically for at least one year),
and other serious grounds under the Family Code.

Key points

There is generally a 5-year period from the occurrence of the cause to file. For “10 years separated,” this commonly becomes a major obstacle unless the cause is framed as continuing/repeated conduct with evidence within the actionable period.
After a decree, the guilty spouse can lose certain inheritance rights from the innocent spouse, and property regimes are affected.
Still no right to remarry.

A4) Recognition of a Foreign Divorce (if relevant)

If one spouse is a foreign national and a divorce is validly obtained abroad, the Filipino spouse may be able to remarry after obtaining judicial recognition of that foreign divorce (and compliance with proof requirements). This is very fact-specific: citizenship and the timing of divorce matter.

A5) Muslim personal laws

For marriages under Muslim personal laws (e.g., under the Code of Muslim Personal Laws), divorce mechanisms may exist under applicable Sharia processes. This depends on the parties’ status and the marriage.

4) Option B: Protect yourself financially (even if you cannot—or don’t want to—end the marriage yet)

B1) Support (for spouse and/or children)

Even if you’re separated, spouses and parents may have support obligations depending on circumstances (needs and capacity to give). You can seek:

regular support,
support pendente lite (temporary support while a case is pending),
child support with clear payment structure.

Support cases can be filed independently or raised in a family case.

B2) Judicial Separation of Property / Authority over property

If your spouse has effectively abandoned the family or is managing property in a way that endangers family interests, you may seek court relief to:

separate the property regime,
protect or preserve assets,
obtain authority to administer or dispose of certain conjugal/community property under court supervision (depending on facts and applicable provisions).

This route is often practical when a spouse with a live-in partner is diverting funds, selling assets, hiding income, or building a parallel household.

B3) Protecting community/conjugal assets from a live-in relationship

A critical issue: what happens when a married person acquires property with a live-in partner?

Under the Family Code, property relations in non-marital unions are governed by Articles 147 and 148.
If there is an impediment to marry (like an existing marriage), the live-in relationship typically falls under Art. 148, where only properties acquired through the actual contributions of the parties are generally recognized in proportion to contributions (and the law is less favorable than Art. 147).

Practical impact

If your spouse uses conjugal/community funds to acquire property with the live-in partner, you may have claims for reimbursement/return, and you can contest attempts to characterize such property as purely belonging to the new couple.
Documentation matters: bank trails, remittances, titles, loan documents, receipts, and proof of whose money paid.

B4) Stop “asset dissipation”

Possible tools (depending on the case and court):

provisional orders in family cases,
restraining orders against disposal,
annotation of adverse claims or lis pendens (context-specific and must be used correctly),
discovery/subpoenas for bank/employment records where allowed.

5) Option C: Child-related remedies (often the most urgent and enforceable)

C1) Custody and visitation

Best interest of the child is the controlling standard.
For young children, courts often prefer the mother absent compelling reasons, but each case depends on facts (fitness, safety, stability, etc.).
If the child has lived in a stable arrangement for years, courts consider continuity.

C2) Child support

Support can be enforced even if parents are separated and even if one parent has formed a new household.

C3) Protection if the new household is unsafe

If the live-in partner poses risk (violence, abuse, unsafe environment), you can seek protective orders and custody adjustments.

6) Option D: Protection orders and related remedies (especially for women and children)

D1) VAWC (RA 9262) remedies

If the wife (or former partner in certain contexts) and/or children experience:

physical violence,
psychological violence (including harassment, threats),
economic abuse (withholding support, controlling money, destroying property),

VAWC law may provide:

Barangay Protection Order (BPO) (limited scope),
Temporary Protection Order (TPO) and Permanent Protection Order (PPO) via court,
orders covering support, custody, stay-away, removal from residence, and other protections.

This can be a powerful and relatively fast route where the spouse’s conduct includes coercion, threats, stalking, or financial control.

7) Option E: Accountability for a spouse’s live-in partner situation

E1) Criminal liability: adultery/concubinage (and practical realities)

A spouse living with a new partner may expose themselves to criminal complaints depending on circumstances:

Adultery (commonly associated with a married woman having sexual intercourse with a man not her husband)
Concubinage (commonly associated with a married man keeping a mistress under certain legally defined circumstances)

Important practical notes

These cases are fact-sensitive and can be difficult, invasive, and slow.
They typically require the complaint of the offended spouse and have evidentiary burdens.
They can escalate conflict and complicate co-parenting.
Evidence gathering must be lawful—illegal recordings, hacking accounts, or trespassing can backfire.

Because these are criminal accusations, consult counsel before filing and before collecting evidence.

E2) Civil consequences of infidelity

Even if you don’t file a criminal case, infidelity can be relevant to:

legal separation grounds (if timely),
custody determinations (only insofar as it affects the child’s welfare),
claims that community/conjugal assets were used improperly.

8) Estate and inheritance consequences (often overlooked after long separation)

8.1 You may still be heirs—even if separated for 10 years

Unless there is:

a legal separation decree with findings that affect inheritance rights,
a disqualification for unworthiness,
or other legally recognized bar,

a spouse may still remain a compulsory heir under intestate succession rules (depending on family structure), and can have rights against the estate.

8.2 What about the live-in partner?

A live-in partner is not a spouse and generally has no spousal inheritance rights by default. They might receive something only through:

a valid will (subject to legitimes of compulsory heirs),
or property proven to be theirs under applicable co-ownership rules (e.g., Art. 148 contributions).

8.3 Practical protective steps

Depending on your situation, you may consider:

updating a will (within the limits of legitimes),
reviewing beneficiaries in insurance/retirement plans (subject to legal limits and contest risks),
documenting assets and contributions,
securing titles and tax declarations,
clarifying custody and guardianship preferences (where appropriate).

9) “We’ve been separated for 10 years—can either of us remarry?”

Generally: no, not without a court process (nullity/annulment) or a legally recognized situation (e.g., judicial recognition of a qualifying foreign divorce, or presumptive death in true absence cases).

Also: being separated does not prevent a bigamy charge if someone goes through a new marriage ceremony while the first marriage remains valid.

10) Evidence and documentation that commonly matter

Whatever route you choose, these often make or break a case:

marriage certificate, birth certificates of children
proof of separation timeline (messages, barangay blotters, affidavits, lease changes)
proof of support given/withheld (remittances, receipts, bank records)
property papers: titles, deeds, loan docs, tax declarations, vehicle registration
employment/income evidence (payslips, contracts, business records)
proof of asset transfers or unusual spending
proof relevant to abuse (medical records, screenshots, witnesses, blotters)

Reminder: gather evidence legally. Avoid illegal interception/recording, account access without authority, or harassment.

11) Common scenarios and the most realistic legal pathways

Scenario 1: “I want to be free to remarry.”

Most realistic paths:

Declaration of nullity (often Art. 36 psychological incapacity), or
Annulment (if a voidable ground fits and timelines allow), or
Recognition of foreign divorce (if it applies).

Scenario 2: “My spouse is living with someone and diverting money.”

Often effective:

file for support (child and/or spousal, as appropriate),
seek property protection/judicial separation of property,
pursue remedies to prevent disposal of assets.

Scenario 3: “We are separated; I want custody and child support.”

Often effective:

custody/visitation case (or motions within a family case),
child support with clear enforcement structure,
protection orders if safety is an issue.

Scenario 4: “I want to file a case because of the live-in partner.”

Possible, but weigh carefully:

legal separation (if timely and provable),
adultery/concubinage (criminal; high-conflict; evidence-heavy),
property and support actions often yield more immediate protection.

12) Where to start (a practical sequence)

Stabilize urgent issues: child safety, immediate support, protection orders if needed.
Freeze/secure financial information: list assets and debts, gather documents, record timelines.
Choose your end goal: end marriage vs protect finances vs child orders vs accountability.
Consult a family law lawyer with your documents and a clear timeline—especially if you’re considering nullity/annulment or criminal complaints.

13) Final notes (general information only)

This topic involves overlapping family, property, criminal, and procedural rules, and outcomes can change dramatically based on facts (what property regime applies, where assets came from, whether there was abandonment, when the cause occurred, children’s ages, and how evidence was obtained). If you share a short fact pattern (who left, when, children/ages, assets, where you live, whether there is abuse, and what you want to achieve), I can map the most likely options and tradeoffs in a clean decision tree.