Dear Atty. Peachy,

My wife and I have been married for 33 years. Five years ago, she left me for another man. I have lost hope that she will still come to her senses and come back to our family. I do not intend to remarry anymore and, thus, have not pursued an annulment case or a case of legal separation against her.

In the meantime, my siblings and friends have been telling me to already settle my legal affairs with my wife for my best interest and for the best interest of our two children, especially considering that we do not have a pre-nuptial agreement. They have been telling me that until our legal affairs are settled, she still stands to gain financially in all my personal and real property investments. According to them, she shall also remain as my Social Security System (SSS) beneficiary. Are these true? If so, how do I stop her from continuously benefiting from my investments and insurances?

Don

Dear Don,

Your siblings and friends are right. As long as your marriage is still subsisting or as long as you have not obtained a decree of legal separation from the court, your wife will stand to benefit from your investments and insurances. She is still your legal wife in the eyes of the law notwithstanding the fact that you have been separated-in-fact for five years and that she is actually already with another man. For example, under the SSS law, the primary beneficiaries of a member are the legitimate dependent spouse until he or she remarries, the dependent legitimate, legitimated or legally adopted, and illegitimate children, who are not yet 21 years old. For as long as your marriage is still subsisting or you have not been legally separated, your wife will still be considered as your legitimate dependent spouse and, thus, your SSS primary beneficiary. All your acquired personal and real properties, even during the time of your separation-in-fact shall also still form part of your absolute community property and are, thus, deemed owned by both of you. It is only when your marriage is declared null and void or when you have been legally separated, as the case may be, that your wife will stop benefitting from your personal and real property investments and insurances.

Atty. Peachy Selda-Gregorio