Philippine family law treats marriage not only as a personal relationship but also as a legal status that creates enforceable rights, duties, and a regulated economic partnership. These rules are found primarily in the Family Code of the Philippines (Executive Order No. 209, as amended), supplemented by the Civil Code (particularly on names and succession), the Revised Penal Code, the Rules of Court/Rules on Evidence, and a range of special laws on violence, abuse, and related matters.

What follows is a comprehensive, Philippine-context discussion of what spouses owe each other, what they are entitled to demand, how the law structures their property relations, and what remedies exist when those obligations are breached.

I. Foundations: Marriage as a Legal Status

A. Marriage as defined by law

Under the Family Code, marriage is a special contract of permanent union between a man and a woman, entered into according to law, establishing family life and governed by law and public policy (not merely by private agreement). This framing matters because it means:

many spousal rights/duties are mandatory and cannot be validly waived if the waiver violates law, morals, good customs, public order, or public policy;
marriage produces status-based rights (e.g., legitimacy rules for children, property regime consequences, succession rights);
the State has a declared policy to protect marriage and the family as basic social institutions, which affects interpretation and enforcement.

B. When spousal rights and obligations arise

As a rule, spousal rights and obligations arise from a valid marriage. However, Philippine law also recognizes limited property and support consequences in void or non-marital unions through co-ownership rules (discussed below), especially to prevent unjust enrichment and to protect children.

C. Essential and formal requisites (why validity matters)

The Family Code distinguishes:

essential requisites (legal capacity + consent), and
formal requisites (authority of solemnizing officer + valid marriage license, except in recognized exceptions + marriage ceremony with personal appearance and declaration).

If essential or required formal requisites are absent, the marriage may be void, which has major consequences for “spousal” rights, property relations, and remarriage.

II. Core Personal Rights and Obligations Between Spouses

Philippine law imposes baseline spousal duties that are both moral and legal—meaning they can be relevant in court actions for support, custody, legal separation, damages in certain contexts, and protective remedies.

A. Duty to live together

Spouses are obliged to live together and maintain a shared marital life. This does not mean the law forces cohabitation at all costs; it recognizes situations where physical separation is justified (e.g., violence, threats, abandonment, or court-ordered separation). Still, unjustified refusal to cohabit may have consequences in:

legal separation (as a ground when it amounts to abandonment),
support disputes (depending on good faith and circumstances),
credibility and fault-based findings in related cases.

B. Mutual love, respect, fidelity, and support

The Family Code expressly obliges spouses to observe:

mutual love and respect
fidelity
mutual help and support

These are not merely aspirational; they anchor:

the right to demand support,
grounds for legal separation (e.g., sexual infidelity, violence, abandonment),
family-related claims that depend on fault or misconduct.

C. Fidelity and sexual autonomy

Fidelity is a marital duty, but it does not erase personal autonomy. Philippine criminal and special laws recognize sexual violence, including within intimate relationships. Marriage is not a blanket defense to coercion or violence. Spousal misconduct may trigger:

criminal liability (depending on the act and statute),
protection orders and civil remedies (e.g., under anti-VAWC laws),
marital litigation consequences (custody, separation, damages where available).

D. Family domicile: the right to a home and a say in where the family lives

Spouses jointly fix the family domicile. In case of disagreement, either may go to court for resolution. This reflects a key principle: marriage is a partnership, not a unilateral hierarchy—even though some provisions still contain older “tie-breaker” mechanics in property administration (discussed later).

E. Right to engage in lawful profession or business

Each spouse may engage in a legitimate profession, occupation, business, or activity. The other spouse may object only on serious grounds (classically framed around family welfare and moral or legal concerns), and disputes are subject to judicial resolution. This rule supports:

economic independence,
equal dignity and capacity,
the idea that marriage does not dissolve individual legal personality.

F. Household management and family decision-making

Modern Philippine family law treats household management as a shared responsibility. Division of labor—income-earning vs. domestic work—does not reduce one spouse’s status; domestic contributions matter in property and equity considerations, especially in unions treated as co-ownership.

III. Support: The Most Enforceable Spousal Obligation

A. What “support” includes

In Philippine family law, “support” is broader than food. It generally includes what is indispensable for:

sustenance and dwelling,
clothing,
medical attendance,
education (commonly through completion of schooling appropriate to the person’s capacity),
transportation, consistent with the family’s means.

Support is measured by:

the needs of the recipient, and
the resources/means of the giver.

B. Who can demand support from whom

Spouses owe support to each other. Support obligations also extend to certain relatives (children, ascendants, etc.) as defined by law, but spousal support is among the clearest mutual duties.

C. When support is demandable

Support becomes demandable when the need arises, but rules on recovery of arrears depend on whether a demand—judicial or extrajudicial—was made and the factual circumstances. Courts commonly award support based on proven need and capacity.

D. How support may be given

Support may be provided by:

paying an allowance (periodic support), or
receiving the person entitled to support into the giver’s home (subject to just exceptions, especially where safety and dignity are at stake).

E. Support during litigation

In marital cases (e.g., petitions involving separation, annulment/nullity-related incidents, custody), courts can order support pendente lite to prevent hardship while the case is pending.

F. Failure to provide support as abuse or misconduct

Failure to provide support can be:

a civil wrong (support case),
a factor in custody and family litigation,
potentially part of “economic abuse” under special laws on violence in intimate/family contexts, depending on the facts.

IV. Property Relations of Spouses: The Economic Partnership

One of the most consequential legal effects of marriage is the creation of a property regime. Unless spouses validly agree otherwise in a marriage settlement (prenuptial agreement), the default regime applies.

A. The major property regimes

Philippine family law generally recognizes:

Absolute Community of Property (ACP) – the default regime in most marriages without a valid marriage settlement.
Conjugal Partnership of Gains (CPG) – may apply in particular circumstances (including certain marriages before the Family Code’s effectivity) or if chosen in a marriage settlement.
Complete Separation of Property – if agreed upon in a marriage settlement or ordered by the court under specific grounds.
Regimes in unions without a valid marriage – co-ownership rules under the Family Code.

B. Marriage settlements (prenuptial agreements): freedom with limits

Spouses may stipulate their property regime in a written marriage settlement executed before the marriage. It must comply with formal requirements and (to protect third parties) must generally be registered/recorded as required by law to bind persons dealing with the spouses.

Limits:

stipulations cannot violate law, morals, good customs, public order, or public policy;
certain transfers between spouses during marriage are restricted (e.g., donations).

V. Absolute Community of Property (ACP)

A. Core idea

Under ACP, as a general rule, property owned by either spouse at the time of marriage and property acquired thereafter become part of the community—except those specifically excluded by law.

B. Typical exclusions (conceptually)

Common exclusions include:

property acquired by gratuitous title (inheritance/donation) by one spouse, unless otherwise provided;
property for personal and exclusive use (with classic exceptions such as jewelry being treated differently);
certain property brought into the marriage when a spouse has legitimate descendants from a prior marriage (protective rule).

C. Administration and disposition

Administration and enjoyment belong to both spouses jointly. However, where the law’s tie-breaker applies, one spouse’s decision may be given provisional effect subject to timely court challenge.

For sale, encumbrance, or disposition of community property:

consent of both spouses is generally required;
absence of consent typically makes the transaction void (not merely voidable), subject to limited legal mechanisms for judicial authorization when consent cannot be obtained due to absence, incapacity, or unjustified refusal under conditions set by law.

D. Liability for obligations and debts

Whether the community property answers for a debt often turns on whether the obligation:

benefited the family/community,
was incurred with proper authority or consent,
or is categorized by law as chargeable to community assets.

Personal liabilities that do not benefit the family may be enforced primarily against the debtor-spouse’s separate property, depending on the regime and facts.

VI. Conjugal Partnership of Gains (CPG)

A. Core idea

Under CPG, each spouse generally retains ownership of exclusive properties brought into the marriage. The “partnership” is typically over the gains—property acquired for value during marriage and the fruits/income of certain properties, subject to statutory rules.

B. Administration and disposition

As with ACP, significant transactions involving conjugal property generally require both spouses’ consent, with comparable consequences for lack of consent and similar judicial remedies where appropriate.

C. Charges and liabilities

Conjugal assets generally answer for obligations incurred for:

the benefit of the family,
preservation and legitimate expenses of conjugal property,
education and support obligations consistent with the Code’s framework, again subject to statutory classifications and factual proof.

VII. Complete Separation of Property

A. By agreement (marriage settlement)

Spouses may agree that each retains separate ownership, management, and disposition of property, with obligations to contribute to family expenses as required by law.

B. By judicial decree

Even without a prior agreement, the law allows judicial separation of property on specific grounds, commonly linked to:

abandonment,
failure to comply with marital obligations,
danger to the family’s financial interests,
or other serious circumstances recognized by law.

A judicial separation of property typically requires court proceedings and will have consequences for management, liability, and future acquisitions.

VIII. Transactions Between Spouses: Donations, Sales, and Safeguards

Philippine law historically restricts certain transactions between spouses during marriage to prevent fraud on creditors, coercion, or manipulation within a confidential relationship.

A. Donations between spouses

As a general rule, donations (and gratuitous advantages) between spouses during marriage are void, except for moderate gifts on occasions of family rejoicing (a narrow, context-based exception).

B. Sales between spouses

Sales between spouses are generally prohibited/void, subject to recognized exceptions, especially when a valid separation of property regime applies or when the law otherwise permits under strict conditions. The underlying policy is to prevent collusion and prejudice to third parties and heirs.

IX. The Family Home: Protection of the Marital Residence

Philippine family law provides the concept of the family home, which—once constituted under law—enjoys protections, including qualified exemption from execution.

A. What the family home protects

The family home is designed to protect the stability of the family residence against many creditor claims, subject to specific statutory exceptions (commonly including taxes, debts incurred prior to constitution, secured debts like mortgages, and certain obligations related to construction/improvement).

B. Consent requirements

Disposition or encumbrance of the family home typically requires spousal consent and compliance with statutory safeguards, reflecting the principle that the home is not merely an asset but a protected family institution.

X. Equality and Legal Capacity of Spouses

A. Separate legal personality

Marriage does not merge legal identity. Each spouse retains capacity to:

own property (within the chosen/default regime),
enter contracts (subject to consent rules for conjugal/community dispositions),
sue and be sued,
work and do business,
exercise rights independent of the other.

B. Constitutional and statutory equality

Philippine constitutional policy and modern statutes emphasize equality of men and women. Family law trends toward partnership, though some legacy tie-breakers remain in specific provisions and are typically tempered by court oversight.

XI. Surnames and Identity: The Married Spouse’s Name

Under Philippine law, a married woman may use the husband’s surname, but—importantly—this is generally treated as permissive, not an absolute legal obligation. Traditional options include:

continuing to use the maiden name,
using maiden first name + husband’s surname,
or other legally recognized naming formats used in civil registry practice.

After legal separation, annulment, or death, rules and practice may affect whether and how the surname is used, but the baseline principle is that name usage is governed by law and civil registry rules, with significant practical implications for identification documents.

XII. Children and Parental Authority: Shared Rights and Duties

Spousal rights and obligations are inseparable from obligations toward children.

A. Joint parental authority

As a rule, the father and mother jointly exercise parental authority over common children. In case of disagreement, the law has historically recognized a tie-breaker subject to judicial control, but modern practice is increasingly child-centered and welfare-focused.

B. Support and care of children

Spouses are jointly responsible to support their children, including education and basic welfare consistent with resources.

C. Custody in separation contexts

In marital breakdown or de facto separation, custody determinations center on:

the child’s best interests,
statutory presumptions for very young children (subject to exceptions when a parent is unfit),
and protection from violence or harmful environments.

XIII. Remedies When Spousal Obligations Are Violated

Philippine family law provides multiple pathways depending on the wrong.

A. Civil actions for support

A spouse may file an action to compel support, including interim support while a case is pending.

B. Protection orders and safety remedies

Special laws provide protection orders and other relief when there is violence or abuse within intimate or family relationships. Remedies may include:

stay-away orders,
removal of the offending party from the home,
custody-related protection,
financial support orders,
and other protective conditions designed to prevent further harm.

C. Separation of property and judicial authority

Where a spouse refuses consent, is absent, incapacitated, or acts in fraud of the family’s interest, judicial remedies may include:

court authorization for transactions that require consent,
separation of property,
appointment of an administrator/guardian under appropriate proceedings.

XIV. Marital Breakdown Without Dissolution: Legal Separation

A. Nature of legal separation

Legal separation does not dissolve the marriage bond. Spouses remain married and cannot remarry, but they are authorized to live separately (“separation from bed and board”) and property relations are affected.

B. Common legal effects

Legal separation generally results in:

dissolution/liquidation of the property regime,
forfeiture consequences against the offending spouse in certain property benefits,
custody and support orders,
restrictions meant to protect the innocent spouse and children.

C. Grounds (overview)

Grounds are statutory and typically include serious misconduct such as violence, sexual infidelity, abandonment, and other grave causes enumerated by law. The petition must meet procedural and evidentiary requirements.

XV. Ending or Invalidating the Marital Bond: Nullity and Annulment

A. Declaration of nullity (void marriages)

A void marriage is treated as invalid from the beginning. Grounds include those involving missing essential or formal requisites and other statutory bases (including psychological incapacity and certain prohibited marriages), but consequences for property and children are carefully regulated to prevent injustice.

B. Annulment (voidable marriages)

Voidable marriages are valid until annulled. Grounds include specific defects at the time of marriage (e.g., lack of required consent where applicable, fraud, force, impotence, serious incurable sexually transmissible disease, and unsoundness of mind as defined by law).

C. Property and child consequences

Even when marriage is declared void or annulled:

property relations must be liquidated under applicable rules,
children’s status and rights are determined under legitimacy/recognition rules,
support and custody issues are addressed with child welfare as the primary concern.

D. Recording and remarriage safeguards

Philippine law imposes strict recording requirements for judgments affecting civil status and property partition; failure to comply can affect the validity of subsequent marriages under specific statutory provisions.

XVI. Unions Without a Valid Marriage: Property and Obligations

Even absent a valid marriage, Philippine family law provides equitable rules for property relations in certain cohabitation situations.

A. Cohabitation where both are free to marry each other

Where parties are capacitated to marry but do not, the Family Code recognizes a form of co-ownership over properties acquired through their joint efforts, work, or industry, often with presumptions favoring equal shares absent proof.

B. Cohabitation with legal impediment (e.g., one or both married)

Where a legal impediment exists, property rules are stricter: only contributions proven to have been made (and properties acquired through such contributions) are typically recognized, and the law aims to discourage and not reward relationships that violate marriage laws, while still preventing unjust enrichment.

C. Children in non-marital unions

Children’s rights (support, inheritance where applicable, filiation issues) are governed by separate filiation rules and remain protected irrespective of parents’ marital status.

XVII. Succession: Spousal Rights Upon Death

A. Spouse as compulsory heir

Under Philippine succession law, the surviving spouse is generally a compulsory heir, entitled to a protected share (legitime) alongside other compulsory heirs (such as legitimate children). The spouse’s share varies depending on who else survives (legitimate children, legitimate parents/ascendants, illegitimate children).

B. Interaction with property regimes

Before inheritance is distributed, the marital property regime must generally be:

dissolved,
liquidated,
and the surviving spouse’s share in community/conjugal property determined.

Only then is the decedent’s estate portion distributed to heirs.

C. Rights relating to the family home

The family home framework and succession rules can interact to protect occupancy and stability for the surviving spouse and beneficiaries, subject to statutory limits and creditor exceptions.

XVIII. Evidence and Courtroom Privileges Between Spouses

Spousal relationships carry evidentiary consequences designed to protect marital harmony and confidentiality, subject to exceptions.

A. Spousal testimony privilege (disqualification in certain cases)

In many instances, a spouse cannot be compelled to testify against the other spouse in criminal proceedings, with exceptions often recognized when:

the case involves a crime by one spouse against the other or against their children,
or other statutory exceptions apply.

B. Marital communications privilege

Confidential communications made during marriage are generally privileged, again with well-recognized exceptions, especially where the interests of justice and protection from harm outweigh marital confidentiality.

XIX. Criminal and Special-Law Dimensions of Spousal Duties

While many spousal obligations are civil in nature, certain conduct has criminal consequences or triggers special civil protection regimes.

A. Adultery and concubinage (Revised Penal Code)

Philippine criminal law historically treats certain forms of marital infidelity as crimes under specific definitions and elements that differ by offense. These are highly technical and fact-sensitive.

B. Violence, threats, coercion, harassment, and economic abuse

Special laws address violence and abuse in intimate/family settings and may provide:

criminal penalties,
protection orders,
and civil relief including support and custody protections.

XX. Cross-Border and Mixed-Marriage Issues

A. Recognition of foreign divorce (mixed marriages)

Philippine law has developed rules allowing recognition of a valid foreign divorce in certain circumstances involving a Filipino and a foreign spouse, with significant effects on civil status and capacity to remarry—subject to proof requirements and judicial recognition proceedings in the Philippines.

B. Property and conflict-of-laws concerns

Mixed-nationality marriages can raise issues about:

which law governs property,
recognition of judgments,
location of assets,
and enforceability of foreign decrees.

XXI. Special Note: Muslim Personal Law in the Philippines

For Filipino Muslims, the Code of Muslim Personal Laws (PD 1083) may apply to marriage and family relations when its requirements are met. This can affect:

marriage formation rules,
property and marital obligations,
divorce and dissolution mechanisms,
and related family rights.

The general principles of protection of family and due process remain, but the governing rules can differ materially from the Family Code framework.

Conclusion

Philippine family law treats spouses as partners bound by enforceable duties—particularly support, mutual respect and fidelity, shared responsibility for children, and regulated management of property. It simultaneously protects the marital home and family stability, restricts certain interspousal transactions to prevent abuse and fraud, and provides layered remedies—civil, protective, and sometimes criminal—when marital obligations are violated. The result is a legal structure in which marriage is both a personal union and a public-status institution with defined rights, duties, and consequences.