Ask ko lang po. On what is the best thing to do on my case. I want to be legally separated with my husband and protect the remaining assets with me. While having a financial support with him. Currently he doesnt not have a stable job. But he has sources naman. Kaya lang ang worry ko ideny nya yung mga sources of income nya and tell na wala syang pinagkukunan na pera when in fact. I know na he was lying about it. I want to demand not based on what he is going to say. Pero yung talagang worth ng tatlong anak ko.
Lawyer Answers
Recososa Law Firm
Feb 14, 2026
Feb 14, 2026
Hello:
Salamat sa pagtitiwala. Based on your narration, presuming this is within Philippine jurisdiction, here is a general guidance on what you can legally do to a.) separate yourself legally, b.) protect your remaining assets, and c.) secure proper financial support for your three children.
Firstly, on legal separation. Under the Family Code of the Philippines, legal separation is allowed only on specific grounds such as repeated physical violence, drug addiction, sexual infidelity, abandonment, and similar serious causes. Legal separation does not dissolve the marriage, but it does result in separation of property and disqualification of the offending spouse from inheriting from you. If your goal is to protect your assets while remaining married, legal separation can achieve property separation, but it requires proof of a valid ground.
Secondly, on protection of assets. The first thing to determine is your property regime, whether Absolute Community of Property or Conjugal Partnership of Gains. If you are under Absolute Community, all properties acquired during the marriage are generally co owned. Filing a case for legal separation, annulment, or even judicial separation of property can result in liquidation and partition of your property. If you fear that he may dispose of assets, you may also ask the court for provisional remedies, such as injunction, to prevent him from selling or encumbering properties while the case is pending.
Thirdly, on financial support for your children. Under Articles 194 to 208 of the Family Code, support is mandatory. It includes food, education, medical expenses, and other necessities. The amount of support is based on a.) the needs of the children, and b.) the financial capacity of the parent. It is not based purely on what he claims to earn. Courts look at lifestyle, known businesses, properties, bank transactions, and other circumstantial evidence of income.
If he hides or denies his real sources of income, the court can:
a.) Issue subpoenas for bank records and financial documents.
b.) Consider evidence of lifestyle inconsistent with alleged poverty.
c.) Impute income based on earning capacity, not just declared salary.
You may file a Petition for Support or a case under RA 9262, if there is economic abuse, especially if he is deliberately withholding financial support. Economic abuse includes controlling or withholding financial resources to the detriment of the wife or children.
If he is irregularly employed but has income sources, the court may still order him to pay support proportionate to his real earning capacity. Support can also be provisional, meaning the court can order him to give temporary monthly support while the main case is ongoing.
Strategically, the best approach may be:
a.) File a case for Support with prayer for Provisional Support.
b.) At the same time, assess whether Legal Separation or Annulment is more appropriate.
c.) Secure documentation of his real income sources, business dealings, lifestyle, and expenses.
The law does not allow a father to escape responsibility by simply saying “wala akong trabaho” if evidence shows otherwise. The children’s welfare is the paramount consideration under Philippine law.
We are Recososa Law Firm, and we have offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom, or physical consultation in our office, so we can assess your specific facts and craft the strongest legal strategy.
You may also like and share our pages:
Sincerely,
Salamat sa pagtitiwala. Based on your narration, presuming this is within Philippine jurisdiction, here is a general guidance on what you can legally do to a.) separate yourself legally, b.) protect your remaining assets, and c.) secure proper financial support for your three children.
Firstly, on legal separation. Under the Family Code of the Philippines, legal separation is allowed only on specific grounds such as repeated physical violence, drug addiction, sexual infidelity, abandonment, and similar serious causes. Legal separation does not dissolve the marriage, but it does result in separation of property and disqualification of the offending spouse from inheriting from you. If your goal is to protect your assets while remaining married, legal separation can achieve property separation, but it requires proof of a valid ground.
Secondly, on protection of assets. The first thing to determine is your property regime, whether Absolute Community of Property or Conjugal Partnership of Gains. If you are under Absolute Community, all properties acquired during the marriage are generally co owned. Filing a case for legal separation, annulment, or even judicial separation of property can result in liquidation and partition of your property. If you fear that he may dispose of assets, you may also ask the court for provisional remedies, such as injunction, to prevent him from selling or encumbering properties while the case is pending.
Thirdly, on financial support for your children. Under Articles 194 to 208 of the Family Code, support is mandatory. It includes food, education, medical expenses, and other necessities. The amount of support is based on a.) the needs of the children, and b.) the financial capacity of the parent. It is not based purely on what he claims to earn. Courts look at lifestyle, known businesses, properties, bank transactions, and other circumstantial evidence of income.
If he hides or denies his real sources of income, the court can:
a.) Issue subpoenas for bank records and financial documents.
b.) Consider evidence of lifestyle inconsistent with alleged poverty.
c.) Impute income based on earning capacity, not just declared salary.
You may file a Petition for Support or a case under RA 9262, if there is economic abuse, especially if he is deliberately withholding financial support. Economic abuse includes controlling or withholding financial resources to the detriment of the wife or children.
If he is irregularly employed but has income sources, the court may still order him to pay support proportionate to his real earning capacity. Support can also be provisional, meaning the court can order him to give temporary monthly support while the main case is ongoing.
Strategically, the best approach may be:
a.) File a case for Support with prayer for Provisional Support.
b.) At the same time, assess whether Legal Separation or Annulment is more appropriate.
c.) Secure documentation of his real income sources, business dealings, lifestyle, and expenses.
The law does not allow a father to escape responsibility by simply saying “wala akong trabaho” if evidence shows otherwise. The children’s welfare is the paramount consideration under Philippine law.
We are Recososa Law Firm, and we have offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom, or physical consultation in our office, so we can assess your specific facts and craft the strongest legal strategy.
You may also like and share our pages:
Sincerely,
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