Millions of Filipino couples live apart because one spouse works or settles abroad. Distance changes the daily routine, but the legal duties, rights, and protections under Philippine law still apply. Here’s a guide on support, children, property, abuse remedies, and status changes.
Duties of Spouses Still Apply (Even When Apart)
Marriage duties like love, respect, fidelity, and support remain, even if one spouse is abroad.
- Both must help support the family with food, shelter, and schooling.
- Support can be demanded by law and enforced by courts.
- Either spouse can work or start a business, objections must have valid reasons.
Money Matters: Sending & Enforcing Support
- Courts can set and enforce support for children and spouses.
- Support may be taken from common property (community or conjugal).
- Withholding money as punishment is economic abuse under RA 9262, the Anti-Violence Against Women and their Children.
In the case of Dela Cruz-Lanuza v. Lanuza1, respondent’s infidelity, failure to give support to his wife and children, and unjustified absence from his family are all indicative that he is not cognizant of the duties and responsibilities of a husband and father. Unjustified absence from the marital home for decades can be considered as part of the totality of evidence that a person is psychologically incapacitated to comply with the essential obligations of marriage.
When Distance Becomes Danger
RA 9262 protects against physical, sexual, psychological, and economic abuse, including online harassment and financial deprivation.
- Courts can issue Protection Orders (no-contact, custody, support, exclusion from home).
- Cases are filed in Family Courts; venue may be where the abuse is felt, even if done online or from abroad.
Migration Must-Knows
- CFO Guidance Program: Filipinos marrying or joining foreign spouses must attend counseling and secure a Commission on Filipinos Overseas (CFO) certificate before departure.
- Anti-Mail Order Spouse Act (RA 10906): Criminalizes matchmaking businesses that arrange marriages with foreigners for a fee.
Distance doesn’t erase legal duties. Support, custody, property rights, and remedies remain enforceable. Filipino families navigating migration and long-distance marriages should know their rights and safeguards under Philippine law.
- Dela Cruz-Lanuza v. Lanuza, G.R. No. 242362, April 17, 2024 ↩︎
