Text of the provision

Art. 137. Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code.

During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children.

(192a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

A decree of separation of property does not divide the assets by itself — it triggers liquidation, carried out under the Code's ordinary rules (Article 129 for the conjugal partnership; Article 102 for the absolute community).

Meanwhile, the family is not left unsupported. While the separation proceedings are pending, the community or partnership itself must keep paying support for the spouses and their children. The old regime funds the family right up until it is wound up.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.