Query: Obligado ba ang asawa na suportahan ang kanyang asawang walang trabaho?
In the context of Philippine law, the legal obligation of a spouse to support the other spouse is a topic that touches upon several important legal principles and provisions within the Family Code of the Philippines.
1. Mutual Support Obligation
Under the Family Code of the Philippines, specifically Articles 68 and 195, spouses are obligated to support each other. This mutual support is not only limited to financial aspects but also includes moral and emotional support. The law recognizes the family as a fundamental social institution and ensures that both spouses contribute to its maintenance and well-being.
2. Scope of Support
Support, as defined by Article 194 of the Family Code, includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation. This broad definition ensures that the needs of both spouses are adequately met, even if one of them is unemployed.
3. Basis for Support
The need for support does not depend on the employment status of either spouse. Whether a spouse is employed or not, the other spouse has the legal duty to provide support. This obligation is rooted in the principle of shared responsibility within the marital relationship. The law does not distinguish between a working spouse and a non-working spouse when it comes to the obligation of support.
4. Enforcement of Support
If a spouse fails to fulfill their support obligations, the aggrieved spouse may seek judicial intervention. Article 203 of the Family Code provides the mechanism for the enforcement of support. The court can issue orders for the payment of support and even garnish wages or income to ensure compliance.
5. Factors Affecting Support Amount
The amount of support is determined based on the needs of the recipient and the financial capacity of the provider. Article 201 of the Family Code states that support shall be in proportion to the resources or means of the giver and the necessities of the recipient. Thus, even if the supporting spouse is not wealthy, they are still required to provide support within their means.
6. Cessation of Support Obligation
The obligation to support continues as long as the need for support exists and the provider has the capacity to give it. It ceases only when the conditions for its continuation no longer exist, such as when the recipient spouse gains sufficient income to support themselves or in the event of the death of either spouse.
Conclusion
In summary, under Philippine law, a working spouse is legally obligated to support their unemployed spouse. This obligation is based on the principles of mutual support and shared responsibility within marriage. The support encompasses various aspects necessary for the well-being of the dependent spouse and can be enforced through legal channels if necessary. The law ensures that both spouses contribute to the maintenance and stability of the family, regardless of their employment status.