Full-Time Housewife and Marital Separation

I and married for almost 7 years and with that I have 2 kids with my husband. I am currently in a family crisis where my husband and I haven’t had good relationship (we’re not always talking but living in the same house). Today, we decided to live separately. I have no work as of the moment since my kids have been sickly and been going in and out of the hospital that made us decide that I stop working and be a full time mother and housewife. Now that my husband will be leaving our house, leaving the kids with me, I want to know what are my rights as a legal wife and him being the father of our kids?


Because no legal advice is given in this forum, let’s limit ourselves to general legal information in addressing this query received through email.

Separation between the spouses, while unfortunate, is a reality in life. In case of separation, the husband may be compelled to support the kids AND the wife. The husband and wife have the legal obligation of mutual support. The manner of computing support and the remedies for demanding support, which are basically covered by the same principles for spouses and children, are discussed in a previous post (click here). [Incidentally, the tasks associated with being a housewife — by the mere fact that she takes care of the the kids, the family and the house — are deemed contribution to the acquisition of conjugal property.] Refer also to the previous discussions on child custody and protection orders.

2 comments

  1. Dear Atty. Fred,

    In 1992, I was married. From that period til 2002, it was very challenging as I have tried my best to make the marriage work. In 1994, she was afflicted with Multiple Sclerosis and because she had to be hospitalized every six months in a span of 2 years, I was brought to the grounds as I, aside from being a sole provider, took the roles she has to take. I was in and out of jobs just to make both ends meet and even if I landed a good paying jobs, she interfered. In 2002, for whatever reasons she had, she filed for PPO under RA9262 and a couple of criminal cases. The latter cases were dismissed due to lack of merit and evidence and she was even scolded for them. However, the former was upheld, she took our things from home, stashed our kids from their schools but I was able to take 2 of the 3 back after a legal battle and since then we are averse to one another. I faithfully complied with the stiff terms of the PPO. She wanted to be out, so be it. This is just a gist of the whole challenging married life story I had.

    My question is that since the PPO is still in effect until now, I suppose, what are my options of having my “freedom’ from the marriage, which the RA 9262 made us de facto separated? I have moved on with my life and the reason am asking is that I don’t want her to benefit to and from whatever gains and achievements that I make. I live for the children that I have with me.

    I already appreciate taking your time reading this. I would greatly appreciate your response. Thank you. Thank you. Thank you.

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  2. Dear atty. Im married for almost 3 years with 2 kids..while my husband is in review (BAR) he courted my bestfriend (staff in review center) im pregnant that time..when the exam is over..my husband stay for week in manila without any consent from me..when he arrives i find out that my husband and my bestfriend are planning to live together and to bring my eldest(still preg for the 2nd baby) my husband told me to file annullment..he even offers me a lot..they even go out in public and dating at hotels..he also told her mistress that i have std..just to convinced that woman (that woman texted it to me). Now atty.may i ask if what are my rights and can i file a case against that woman?

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