Spousal Allotment Rights for the Abandoned Wife of a Seafarer in the Philippines

This article explains, end-to-end, how Philippine law protects a legally married spouse when a seafarer stops providing support or “allotment.” It covers the legal bases, practical remedies, procedures, evidence, timelines, and common pitfalls, with Philippine context throughout.

1) What is an “allotment” and who is the “allottee”?

Allotment is the portion of a seafarer’s monthly basic wage that is mandatorily and periodically remitted to a person the seafarer designates as allottee (usually the lawful spouse). Under the standard employment terms for Filipino seafarers (the government-issued standard employment contract used by licensed manning agencies), the employer/principal must set up an allotment arrangement and remit at least a substantial portion (commonly 80%) of the basic wage to the named allottee through the banking/remittance channel stated in the contract or company policy. While individual collective bargaining agreements (CBAs) can enhance this, the mandatory allotment is a non-waivable floor under Philippine deployment rules.

Key points:

The allottee is typically the lawful spouse, but a seafarer can nominate another person unless a court/agency order or contract/CBA restricts it.
Allotment is separate from benefits (leave pay, overtime, bonus, illness/injury benefits).
Remittances are normally monthly, aligned with payroll cutoffs and bank value dates.

2) Legal foundations (why the spouse has a right to support)

Family Code (Support): Spouses owe each other mutual support—food, clothing, shelter, medical, education of common children, and other necessities. Courts can order support pendente lite (interim support) while a case is pending. Support may be in cash or in-kind, but for overseas workers the practical route is cash remittance.
Standard Seafarer’s Contract / Government Rules: Philippine deployment rules for seafarers require mandatory allotment and hold the manning agency and foreign principal jointly and solidarily liable for contract compliance. If the principal fails to remit, the agency in the Philippines can be pursued.
Migrant Workers framework: Recruitment agencies and principals are solidarily liable for money claims arising from the employment contract. This is why a spouse/allottee can seek relief locally even if the employment is overseas.
RA 9262 (Anti-Violence Against Women and Their Children Act): Economic abuse—including deliberate deprivation of financial support—is punishable. Courts can issue Protection Orders compelling support and restraining further economic abuse. This route can be faster for immediate protection and interim financial relief.
Property regimes (Absolute Community/Conjugal Partnership): Wages earned during marriage are generally community/conjugal property, administered according to the Family Code. While management rules differ by regime, basic support to the family takes priority.
Civil Code exemption with carve-outs: Wages are generally protected from attachment/garnishment, but claims for legal support are a recognized exception. Courts may garnish salary/allotment to enforce support.

3) “Abandonment” and its legal significance

Abandonment (leaving the family residence without just cause and refusing to provide support) is:

A ground for legal separation when it persists (by statute, more than one year without just cause).
Evidence supporting economic abuse under RA 9262.
Not a prerequisite to claim support—failure to provide support alone is actionable.

4) Typical problem scenarios

Allotment suddenly stops (seafarer cuts off spouse, changes allottee, or shipowner stops remitting).
Allotment reduced below the contractual minimum without legal basis.
Seafarer names a different allottee (e.g., parent or third party), leaving the lawful spouse without support.
Chronic delays (banking problems or deliberate withholding by principal/agency).
Threats or coercion—seafarer uses money to control the spouse (RA 9262 economic abuse).

5) Your remedies, step-by-step

A. Fast, practical moves (non-judicial)

Demand in writing from the manning agency (copy the principal/shipowner):
- Cite the mandatory allotment clause in the standard contract/CBA.
- Attach proof of marriage and prior allotments.
- Ask for immediate resumption, release of arrears, and a written explanation.
Mediation with the agency: Many disputes resolve when the agency realizes exposure to solidary liability.
Government assistance & welfare channels:
- DMW/OWWA case intake (for OFWs): for welfare assistance, mediation, and documentation support.
- DSWD / LGU (temporary assistance for food/medicine while legal action is pursued).

B. Administrative & labor remedies

Contract-based money claim for unpaid allotments (and penalties if applicable) against the principal and manning agency, filed locally.
Seek orders compelling remittance and/or payment of arrears.
Agencies/principals typically settle early due to solidary liability and potential licensing consequences.

C. Judicial remedies (Family Courts)

Petition for Support / Support pendente lite
- Requests immediate, interim cash support while the main case proceeds.
- Can include garnishment of wages/allotment or directed remittance to the spouse’s account.
Protection Orders under RA 9262 (Barangay, Temporary, or Permanent):
- Economic relief: immediate provision of support, exclusive control of the family residence, and other urgent measures.
- Violations carry criminal consequences; courts may direct the agency/employer to withhold and remit support.
Legal Separation / Nullity / Annulment (if you pursue status cases):
- Support for children continues in all scenarios; spousal support depends on status and fault findings.
- Property/asset relief may be available depending on regime and evidence of dissipation.

6) Evidence to prepare

Marriage certificate; children’s birth certificates.
Seafarer’s contract, allotment slip/designation, and CBA (if any).
Payslips, bank statements, remittance receipts; timeline of stoppage/reduction.
Communications (texts/emails/letters) showing refusal, threats, or admission.
Agency/principal details (POEA/DMW license number, address).
Proof of needs (school, medical, rent, utilities) to quantify support.
If invoking RA 9262: detailed affidavit narrating economic abuse/abandonment, with dates and specific acts.

7) How much support and how calculated?

Allotment floor: standard contract typically requires not less than a substantial portion (commonly 80%) of basic wage be remitted to the allottee. (CBAs can raise this or add benefits.)
Court-ordered support: courts look at necessities (spouse/children’s needs) and the seafarer’s capacity (rank, wage, voyage schedule, other obligations).
Adjustability: Support can be increased or decreased upon proof of change in needs or earning capacity.
Retroactivity: Courts can award arrears from the time of demand or filing (context-dependent).

8) Can the seafarer revoke or change the allottee?

A seafarer may request a change, but the lawful spouse’s independent right to support remains.
If a change deprives the spouse of support, she can:
1. Demand reinstatement of remittance based on mandatory allotment and support obligations;
2. Seek a Protection Order or Support Order directing the employer/agency to remit to her or garnish wages to satisfy support.

9) Who can you sue and where?

Parties: the foreign principal/shipowner and the local manning agency (joint and solidary liability on contract-based claims); the seafarer personally (for support and RA 9262); and any person participating in economic abuse may face liability under RA 9262.
Forum:
- Labor/contract money claims: filed locally against the agency/principal.
- Support/VAWC: Family Courts where the spouse/children reside; Barangay for initial VAWC/mediation/protection order where appropriate.

10) Prescription (time limits)

Contractual money claims (e.g., unpaid allotments): generally 3 years from accrual (specific rules may vary by claim type).
Support actions: support is a continuing obligation; arrears are typically recoverable from demand/filing dates.
RA 9262 crimes: prescriptive periods vary by penalty (commonly longer than standard misdemeanors). As a practical rule, file promptly to avoid issues.

11) Special issues & FAQs

Q1: My husband stopped sending money and named a new allottee. Can I force the agency to send me the allotment? Yes, via court order (support/VAWC) that directs the agency/employer to remit to you or garnish wages, and via contract claims for arrears against the agency/principal.

Q2: The agency says the shipowner didn’t fund the payroll. What do I do? The agency is solidarily liable on contract claims. Pursue the agency locally for arrears and resumption, while it back-charges the principal.

Q3: We’re separated in fact. Do I still get support? Yes, unless there is a final court ruling altering obligations. Separation in fact does not extinguish the legal duty of support, especially for children. Economic abuse claims may apply.

Q4: Can children’s support be paid directly to me? Yes. Family Courts routinely direct that child support be remitted to the custodial parent/guardian. You can combine spousal and child support claims.

Q5: Can I get travel holds or immigration blocks against him? Courts may issue Protection Orders and ancillary garnishment/directives to employers. Travel holds are exceptional; focus on financial enforcement (garnishment/allotment directives).

Q6: Will filing a criminal VAWC case stop his deployment? Not automatically. But Protection Orders can direct remittance and restrain harassment/economic abuse; non-compliance has criminal consequences.

12) Procedural roadmaps

A. Quick enforcement via Family Court (support/VAWC)

Draft and file:
- Petition for Support (with Support pendente lite), or
- Application for Protection Order under RA 9262.
Annexes: IDs, marriage/birth certificates, seafarer contract, proof of needs, proof of stoppage.
Interim relief: Ask for immediate support order and garnishment/direct remittance to your bank.
Serve: On the seafarer and manning agency (so payroll compliance can start).
Compliance monitoring: Keep bank proofs; report slippages promptly.

B. Contract-based claim (agency/principal)

File complaint for unpaid allotments and damages (if available).
Prayer: payment of arrears, future remittances per contract, interest, and attorney’s fees/costs as allowed.
Settlement leverage: Agency’s license exposure and solidary liability push early resolution.

13) Drafting help: skeleton demand letter (adapt as needed)

Subject: Immediate Resumption of Mandatory Allotment and Release of Arrears To: [Manning Agency], [Principal/Shipowner] I am the lawful spouse and designated allottee of [Name of Seafarer], employed as [Rank/Vessel]. Under the standard seafarer’s contract and applicable rules, a mandatory allotment of at least [contractual %] of the monthly basic wage must be remitted to me on a monthly basis. Remittances have been withheld/reduced since [date], without cause. This violates the contract and my statutory right to support. Demand: (1) Immediate resumption of the full mandatory allotment effective this month; (2) Payment of arrears from [date] to present; (3) Written confirmation within 5 calendar days. Absent compliance, I will file actions for support/VAWC and contract claims against the principal and your agency, including garnishment and other remedies. Sincerely, [Name, Address, Contact, Bank details for remittance]

14) Practical tips (to avoid delays)

Open/maintain a stable bank account in your sole name and include full details in all pleadings/orders.
Keep a ledger of expected vs. received remittances; save bank statements monthly.
Ask for specific wording in court orders: the exact amount, payroll cycle, account number, and that the agency/employer is directed to remit under pain of contempt/penalty.
Document needs quarterly (tuition, rent, medicine) to support adjustments.
If there’s intimidation/harassment, request no-contact and stay-away provisions with your financial relief.

15) Common defenses—and how to respond

“He already changed the allottee.” Response: The spouse’s independent right to support prevails; seek court order and garnishment.
“No funds from principal; payroll delayed.” Response: The agency is solidarily liable; enforce locally.
“She doesn’t need support.” Response: Provide receipts/needs matrix; courts prioritize necessities and children’s welfare.
“We’re separated.” Response: Separation in fact does not erase the duty to support; for children it always continues.

16) Checklist before filing

Marriage certificate; children’s birth certificates
Contract/CBA; proof of past allotments
Bank statements; arrears computation
Proof of needs (bills, tuition, medical)
Agency and shipowner details
Draft pleadings (Support/VAWC) with prayer for pendente lite support and garnishment
Demand letter sent (keep proof of service)

17) Bottom line

Support is a legal duty; the mandatory allotment in seafarer contracts operationalizes that duty while the seafarer is at sea.
If the seafarer abandons the spouse or cuts the allotment, the lawful spouse can compel resumption and recover arrears—quickly via Protection Orders and Support Orders, and fully via contract claims against the agency and principal.
Success depends on speed, complete documentation, and clear orders directed to the agency/employer for direct remittance or garnishment.