Effects of Decree of Legal Separation, A63-64 Family Code
1. Concept
Revoke – means “to annul by recalling or taking back”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/revoke
[Accessed: 17 April 2025])
2. Effects of Decree of Legal Separation, A63-64 Family Code
1) Live separately, but marriage bonds not severed
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; x x x (106a) (E.O. 209 [s. 1987], Family Code)
1) Once the court issues a decree of legal separation, the spouses gain the legal right to live apart and are no longer required to stay under the same roof or share a household. However, it’s important to note that the marriage itself remains intact—they are still legally husband and wife. In other words, while they are allowed to live separate lives, their marital status does not change; the bond of marriage is not dissolved, unlike in annulment or divorce. Because the marriage still exists, neither spouse is free to remarry. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 18 April 2025])
2) ACP or CPG dissolved and liquidated
Art. 63. The decree of legal separation shall have the following effects:
x x x
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); x x x (106a) (E.O. 209 [s. 1987], Family Code)
Related provision:
Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:
x x x
(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;
1) When a legal separation is granted, the spouses’ shared property—whether it’s an absolute community or a conjugal partnership—must be dissolved and divided. However, if one spouse is found to be at fault (for example, due to adultery, abuse, or abandonment), that spouse loses the right to claim any portion of the net profits generated by the shared property during the marriage. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) [Applying] Article 43(2), their [guilty spouse’s] share of the profits [is] forfeited and given to others. Specifically, it goes first to the couple’s common children. If they have no children together, it goes to the children of the guilty spouse from a previous marriage. If there are no children at all, the benefit goes to the innocent spouse. (Ibid.)
3) This provision is designed to ensure fairness by penalizing the spouse who caused the breakdown of the marriage, while protecting the rights of the innocent party and the children. (Ibid.)
3) Custody of minors
Art. 63. The decree of legal separation shall have the following effects:
x x x
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; x x x (106a) (E.O. 209 [s. 1987], Family Code)
Related provisions:
Art. 203. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance. (298a)
1) When a court officially grants a legal separation, one of its consequences is that the parent who did not commit the wrongdoing—the innocent spouse—will generally be given custody of the minor children. However, this rule is not absolute. It must be read alongside Article 213 of the Family Code, which prioritizes the best interests and welfare of the child above all. This means that even if one parent is considered innocent, the court may award custody to the other parent if it believes doing so is better for the child’s well-being. (Ibid.)
a) Right to Support Under Article 203
1) Support, which refers to the legal obligation to provide for another’s basic needs (such as food, shelter, education, and medical care), becomes legally enforceable the moment the recipient genuinely requires it for daily living [and makes a demand for it]—either through the court (judicial) or outside of it (extra-judicial). (Ibid.)
2) During a pending court case (like legal separation or annulment), temporary support (called support pendente lite) may be requested based on procedural rules found in the Rules of Court. (Ibid.)
3) Once support is due, it must be paid within the first five days of each month. Importantly, if the person receiving the support dies, their heirs are not required to return any amount already paid in advance. (Ibid.)
4) Disqualification from inheritance; Revocation in will
Art. 63. The decree of legal separation shall have the following effects:
x x x
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a) (E.O. 209 [s. 1987], Family Code)
1) Once a legal separation is granted by the court, it carries with it several legal consequences. One significant effect is that the spouse who committed the wrongdoing—the guilty or offending spouse—loses the right to inherit anything from the innocent spouse if the latter dies without a will (this is known as intestate succession). In other words, the law bars the offending spouse from being an heir under default inheritance rules. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) Additionally, even if the innocent spouse had earlier written a will that includes the offending spouse as a beneficiary, the law automatically [revokes] those parts of the will. This [revocation] happens by [operation of law], meaning there’s no need for the innocent spouse to update or change the will manually—the disqualification is triggered as a direct result of the legal separation and the spouse’s fault. (Ibid.)
3. Finality of decree of legal separation
a. Revocation of donation
Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse x x x The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. x x x (E.O. 209 [s. 1987], Family Code)
1) Once a decree of legal separation becomes final, the innocent spouse has the option of revoking the donations made to the guilty spouse. As it is an option, the innocent spouse may choose not to revoke.
2) Further, the provision does not put a limit on how far/long ago the donation was made. Neither did the provision make any limitation on the value of the thing donated.
2) NB: Revocation of donation is not automatic once the decree of legal separation becomes final. The innocent spouse has to exercise the right to revoke if he/she wishes to do so. Thus, if the innocent spouse does not exercise such right, then the donation will remain valid despite the finality of the decree of legal separation.
b. Revocation of designation as beneficiary in insurance policy
Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke x x x the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. x x x The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. x x x (E.O. 209 [s. 1987], Family Code)
1) Once a legal separation becomes final and legally binding, the spouse who was not at fault—the innocent spouse—gains the right to [revoke] the appointment of the offending spouse as the beneficiary of any insurance policy. This holds true even if the original insurance agreement says that the beneficiary designation cannot be changed (i.e., it’s labeled as “irrevocable”). (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
2) The change or cancellation of the beneficiary status only becomes official and enforceable once the insurer is formally informed through a written notice. Until such notice is delivered to the insurance provider, the previous designation remains in effect. (Ibid.)
c. Prescription: 5 years
Art. 64. x x x
The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. (107a) (E.O. 209 [s. 1987], Family Code)
1) There is a prescriptive period of five (5) years from the time the decree of legal separation has become final for an innocent spouse to revoke the donation and/or the designation as beneficiary in an insurance policy against the guilty spouse.
2) NB: After the lapse of the 5-year prescriptive period, revocation cannot anymore be made.
d. Change of surname
Article 370. A married woman may use:
(1) Her maiden first name and surname and add her husband’s surname, or
(2) Her maiden first name and her husband’s surname or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”
1) Although still legally married, a legally separated wife may use change her surname as provided for in Article 370 of the New Civil Code.
