Legal Question in Family Law in Philippines
Retirement and Pension Benefits
I have 4 children ages 16, 13, 11 & 9. Their father is about to retire, my questions are as follows:
1. What is the percentage can my children avail from their father's retirement?
2. Being his legal family, are we still be apportioned to receive pension?
3. Being the legal wife, at what percentage of his retirement will be apportioned to me?
1 Answer from Attorneys
Re: Retirement and Pension Benefits
Retirement benefits, whether arising from company practice or from a law in the Philippines (SSS or GSIS) is a personal benefit. It cannot be shared to anyone, even to family members unless certain contingencies happened (i.e. death, or as may otherwise be provided by the law). For you and your kids to be entitled, you have to sue you husband for support and make use of his retirement benefits as the source of the support.
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