In the Philippine legal system, the obligation of mutual support between spouses is a fundamental tenet of marriage. Even when a couple chooses to live separately, the legal bond of marriage remains intact, and with it, the reciprocal obligation to provide support. When no children are involved, the focus shifts entirely to the rights and obligations existing between the husband and wife.
The Legal Basis of Spousal Support
The primary governing law is the Family Code of the Philippines. Under Article 68, spouses are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support.
Article 194 defines support as comprising "everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family." Notably, for spouses, this obligation arises directly from the existence of a valid marriage.
Support During "De Facto" Separation
A de facto separation occurs when spouses live apart without a court decree. In this scenario:
- The Obligation Continues: The duty to support does not cease simply because one spouse moves out. As long as the marriage is not legally terminated or annulled, the reciprocal obligation remains.
- The "Innocent Spouse" Rule: Generally, a spouse who leaves the conjugal home without just cause (abandonment) may lose the right to be supported. However, if a spouse leaves due to the other's fault (e.g., domestic violence, infidelity, or psychological incapacity), the right to claim support remains.
Support During Pendency of Legal Proceedings
If a petition for Legal Separation, Annulment, or Declaration of Nullity of Marriage is filed, the court may grant Support Pendente Lite (support while the case is pending).
- Application: Under Article 198, during the proceedings, the court shall provide for the support of the spouses from the properties of the absolute community or the conjugal partnership.
- Order of Recourse: The support is first taken from the common assets. If those are insufficient, the separate properties of the spouses may be used.
Support After a Decree of Legal Separation
If a court grants a decree of Legal Separation, the obligation to support changes based on the court's findings:
- The Innocent Spouse: The court may order the guilty spouse to provide support to the innocent spouse.
- The Guilty Spouse: A spouse who is found to be the cause of the legal separation (the "guilty spouse") generally forfeits the right to receive support from the innocent spouse.
- Revocation: Adultery or concubinage committed by the spouse receiving support is a ground for the termination of the obligation.
Determining the Amount of Support
The Philippines does not use a fixed formula or "calculator" for spousal support. Instead, Article 201 of the Family Code mandates that the amount shall be in proportion to:
| Factor | Description |
|---|---|
| Resources/Means | The financial capacity and properties of the giver (the obligor). |
| Necessities | The actual and reasonable needs of the recipient (the obligee). |
The court aims for a balance—ensuring the recipient can maintain a dignified life without unjustly impoverishing the provider.
Grounds for Denying or Terminating Support
The right to spousal support is not absolute. It may be denied or extinguished under the following circumstances:
- Abandonment: If a spouse leaves the conjugal home without a valid reason and refuses to return despite repeated requests.
- Committing a Matrimonial Offense: Acts such as adultery or a clear attempt on the life of the other spouse.
- Change in Financial Status: If the recipient finds gainful employment or inherits significant wealth, or if the giver loses the capacity to provide.
- Death: The death of either the giver or the recipient terminates the obligation.
Procedure for Claiming Support
When a spouse refuses to provide support voluntarily during separation, the aggrieved party may file a Petition for Support in the Family Court.
Important Note: In the Philippines, the refusal to provide financial support to a spouse can, in certain contexts, be considered a form of economic abuse under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act), provided the elements of the law are met.
Summary of Rights
Without children, spousal support is strictly a matter of the contract of marriage. The law protects the spouse who is financially disadvantaged by the separation, provided they have not committed acts that legally forfeit their right to such assistance. While the ideal is a mutual agreement (a "compromise"), the Philippine courts remain the final arbiter in ensuring that the "indispensable" needs of a spouse are met during the life of the marriage.