Sexual infidelity or perversion, A55(8) Family Code
1. Concept
Infidelity – means “the act or fact of having a romantic or sexual relationship with someone other than one’s husband, wife, or partner”. (Merriam-Webster Online Dictionary)
Perversion – means “an aberrant sexual practice or interest especially when habitual”. (Merriam-Webster Online Dictionary)
2. Sexual infidelity or perversion, A55(8) Family Code
Art. 55. A petition for legal separation may be filed on any of the following grounds:
x x x
(8) Sexual infidelity or perversion;
x x x
For purposes of this Article, the term “child” shall include a child by nature or by adoption. (9a)
1) Sexual infidelity or perversion is a ground for legal separation.
2) For sexual infidelity, the guilty spouse engages in sex with a third-party, which may either be of the same or opposite gender. Since infidelity has been qualified to be sexual, then only sexual infidelity is covered, and thus engaging in flirting or romantic relationship without the benefit of sex is not covered.
3) For sexual perversion, the guilty spouse has a regular unusual sexual practice or interest, which is very unusual. To what extent something may be called a perversion is for the courts to decide.
4) This ground for legal separation applies when a spouse engages in sexual behavior that betrays marital trust—such as cheating with someone else—or displays sexual conduct that is grossly inappropriate or morally disturbing, even if it’s not with another person. These actions violate the core expectations of loyalty, decency, and respect within marriage. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])
5) [In simple terms:] [A spouse] can file for legal separation if [his/her] husband or wife cheats on [him/her] or is involved in sexually twisted or immoral behavior that deeply affects [the former’s] dignity or the peace of [their] home. It’s not just about physical betrayal with another person—it can also include deviant acts that go against the basic expectations of a respectful and faithful marriage. (Ibid.)
6) Marriage carries an expectation of sexual exclusivity and mutual respect. When one spouse breaks that trust through infidelity or sexually immoral conduct, the law allows the other to seek separation to protect their well-being and dignity. This ground serves as legal recognition that such behavior undermines the very foundation of a committed union. (Ibid.)
3. Examples
Example 1 – Sexual infidelity (adultery):
Carlo discovers that his wife, Lani, is having an ongoing affair with her co-worker. She lies about her whereabouts and even uses family money to spend time with the other man. This kind of betrayal gives Carlo the right to file for legal separation due to sexual infidelity. (Ibid.)
Example 2 – Perversion (disturbing sexual behavior):
Maya learns that her husband, Benjo, watches abusive or illegal adult content and pressures her to perform degrading acts she finds disturbing. She feels unsafe, disrespected, and emotionally harmed. Maya can seek legal separation based on his perverse behavior, even if no third party is involved. (Ibid.)
Example 3 – Online sexual misconduct:
Joyce finds out that her husband regularly engages in sexually explicit online chats with strangers and sends indecent photos. While not a physical affair, this behavior is still considered sexual infidelity and a form of betrayal that can be used as a ground for legal separation. (Ibid.)
