Family Law Guide

Spousal Support After Infidelity in the Philippines

A spouse’s infidelity, while a serious breach of trust, does not automatically extinguish the other spouse’s right to receive support. Philippine law treats support obligations as a continuing duty rooted in the marriage itself.

Does a Spouse Who Leaves Because of Infidelity Still Get Support?

Generally, yes. Under the Family Code, the obligation to provide support between spouses arises from the marriage itself. A spouse who leaves the home because of the other spouse’s infidelity does not necessarily lose the right to support.

However, there is an important exception: if the wife left the home without just cause, she may lose her right to receive support from her husband. The question therefore becomes: is infidelity a “just cause” for leaving? Philippine jurisprudence generally recognizes marital infidelity as a just cause for separation, which means the spouse who leaves because of the other’s unfaithfulness likely retains the right to support.

What the Law Says About Support Between Spouses

Articles 194 to 208 of the Family Code govern support obligations. Under Article 195, spouses are obliged to support each other. Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.

Article 198 states that the obligation to give support is demandable from the time the person who has the right to receive it needs it for the necessities of life. Mere separation, even if caused by one spouse’s fault, does not automatically terminate this obligation.

Grounds for Losing the Right to Support

The right to support may be lost only in specific cases provided by law:

  • If the spouse left the conjugal home without just cause.
  • If the spouse refused to live with the other without valid reason.
  • If the marriage is subsequently declared void or annulled.

Infidelity by the other spouse is generally considered a just cause, meaning the spouse who leaves because of it has not forfeited their support rights.

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Legal Disclaimer

The information on this page is for general legal information only and does not create an attorney-client relationship. Laws, rules, fees, procedures, and office requirements may change. For advice specific to your situation, consult a qualified Philippine lawyer. AttyKalibre Legal Center provides free legal information and general legal guidance. Reading this page does not constitute legal advice or establish a lawyer-client relationship.