Dear Atty. Angela,
My husband and I have three children and we do not have a stable source of income. We tried doing small businesses but we are not lucky and we faced deep financial hardships. During our marriage, my husband exhibited abusive behaviors, alcoholism, and controlled all our money that almost nothing goes to me for my personal needs. I am also not allowed to go out with my family or friends which makes me want to leave the marriage. Are these grounds for Legal Separation?
Donna
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Dear Donna,
Yes, you may file for legal separation considering your husband’s abusive conduct towards you. While the Family Code does not allow absolute divorce, spouses may legally separate by order of a court without ending their marriage. Unlike a declaration that a marriage is void, a legal separation does not break the marital bond.
Among the grounds for legal separation under Article 55(1) of the Family Code is repeated physical violence or grossly abusive conduct against the spouse, their common child, or the spouse’s child.
Because the law does not clearly define “grossly abusive conduct,” the SC explained its meaning.
In the case of Go v Chan-Go, G.R. No. 243647 (2025), the Supreme Court found that acts constituting “grossly abusive conduct” pertain to acts committed by a spouse against the other spouse, the latter’s child, or their common child which result in a hostile and intimidating environment. In this relation, the foregoing definition of “grossly abusive conduct” is consistent with the State’s constitutional obligation to protect marriages as a basic social institution.
In this case, the SC found that the spouse’s actions, taken together, created a hostile and intimidating environment. He was made to constantly follow her lead, and his efforts to fix the marriage through counseling and other interventions were unsuccessful. Witnesses also confirmed her controlling behavior, which supported the finding of a hostile home environment.
Based on this, you may avail of your rights to file for a legal separation to legally live apart, and dissolve the conjugal partnership or absolute community of property with your spouse.
Atty. Angela Antonio