Short answer. Yes, but it is discretionary. Article 198 of the Family Code provides that while mutual spousal support ends when the legal separation decree becomes final, the court may still order the guilty spouse to give support to the innocent spouse — and when it does, the court specifies the terms.
What the law says
in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order
Family Code, Article 198 — Support During Nullity, Annulment and Legal Separation. Read the full provision →
Support ends — but an order can revive it
Article 198 of the Family Code governs support during and after proceedings for legal separation. During the case, the spouses and their children are supported from community or conjugal property. Once the final judgment is granted, that changes: "After the final judgment granting the petition, the obligation of mutual support between the spouses ceases." The law then carves out an exception specific to legal separation: "in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order." So post-decree support is not guaranteed — it requires the court to exercise its discretion and issue an explicit order.
Why legal separation is treated differently from annulment
Legal separation does not dissolve the marriage bond — the spouses remain legally married to each other, just separated in bed, board, and property. Because the innocent spouse did not choose to dissolve the marriage and is still bound to it in important legal respects, the law recognizes that leaving them without any support entirely may be unjust, particularly where the innocent spouse depends financially on the other. Annulment and declaration of nullity, which terminate the marriage, do not carry this same provision. The possibility of post-decree support is a recognition of the peculiar position the innocent spouse is left in by legal separation.
What the court considers and specifies
The statute says the court may make such an order and must specify the terms — amount, frequency, duration, and any conditions. There is no statutory formula. In practice, the court will look at the financial resources of the guilty spouse, the needs of the innocent spouse, and the circumstances that led to the legal separation. The order is not automatic: the innocent spouse who wants support after the decree must ask for it, and must present evidence of both need and the guilty spouse's capacity to pay. Failing to seek it in the main proceeding may require a separate action.
Can the order be modified later?
Support orders are inherently adjustable when circumstances change. If the innocent spouse's needs increase, or if the guilty spouse's financial capacity changes significantly in either direction, either party can return to court to seek modification of the support amount or terms. The court that issued the original legal separation decree retains jurisdiction over these ancillary matters. The order is also enforceable like any court-issued support obligation — non-compliance can be addressed through the court's contempt powers or other enforcement mechanisms available under the rules.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Wilfredo A. Ruiz vs. AAA, G.R. No. 231619, November 15, 2021 — read the decision on LawPhil →
- Simon R. Paterno vs. Dina Marie Lomongo Paterno, G.R. No. 213687, January 8, 2020 — read the decision on LawPhil →