Never before have we been as free as we are today when it comes to the question “To marry or not?” Social pressure or legal consequences for unmarried couples are a thing of the past—today, couples can live together perfectly well without a marriage certificate. The decision to marry has thus become increasingly a conscious choice, influenced by personal beliefs, values, romance, as well as legal considerations. This article highlights the most important legal differences between marriage and cohabitation.

Legal foundations
Marriage is regulated under the Swiss Civil Code. It entails comprehensive rights and obligations, such as the duty of mutual support. Cohabitation, on the other hand, is not regulated by law. In the event of disputes, courts refer to the Code of Obligations, particularly the provisions on simple partnerships and mandate agreements. However, these are primarily designed for economic relationships and are often insufficient for personal partnerships. To prevent conflicts, a written cohabitation agreement is recommended, specifying the partners’ rights and obligations as well as separation arrangements.

‍Children’s name and nationality
Marriage: Upon marriage, partners choose a common family name (either the wife’s or the husband’s). Joint children automatically receive this family name.
Cohabitation: Children of unmarried parents take the mother’s surname.
Citizenship: Children acquire Swiss citizenship if at least one parent is a Swiss citizen—regardless of the parents’ marital status.Since January 1, 2006, this also applies to children of unmarried foreign mothers, provided the Swiss father has acknowledged paternity.

Custody
Marriage: Married parents automatically have joint custody.
Cohabitation: By law, custody lies with the mother. Since 2000, unmarried parents can apply for joint custody. This requires an agreement on care and maintenance, which must be submitted to the Child and Adult Protection Authority (KESB) for approval.

Binational couple
A spouse does not automatically receive the right to reside in Switzerland upon marriage. An application for family reunification must be submitted and reviewed by the migration authorities. After three years of marriage to a Swiss citizen and at least five years of residence in Switzerland, facilitated naturalization is possible. After five years of marriage, a settlement permit can be applied for. Cohabiting partners are not entitled to these benefits.

Taxes
Spouses are taxed jointly—income and assets are combined. Due to progressive taxation, married couples usually pay more than cohabiting couples. This so-called “marriage penalty” has been debated politically for years. Inheritance and gift taxes are regulated at the cantonal level. In many cantons, spouses and direct descendants are exempt, whereas cohabiting partners often are not.

Social Assistance
Married couples are considered an economic unit with a duty of mutual support—social assistance takes the combined income into account.Cohabiting couples have no legal obligation to support each other. However, a partner’s income may still be considered if a stable partnership exists—such as when there are joint children or the relationship has lasted five years or more.

Inheritance Law
Spouses are statutory heirs and are entitled to a compulsory portion. Disinheritance is only possible in exceptional cases.Cohabiting partners have no statutory inheritance rights, even after decades of living together. Anyone wishing to leave assets to their partner must draft a will. Compulsory portions for children or parents must be respected.

AHV pensions
Married couples receive a capped old-age pension—maximum 150 % of a single pension. Cohabiting partners receive two full individual pensions. Widow’s/widower’s pensions are only paid to married partners; cohabiting partners are not entitled. Orphan’s pensions are granted regardless of the parents’ marital status.

‍Pension fund
Spouses are entitled to a survivor’s pension if certain conditions are met (e.g., age, duration of marriage, children). Cohabiting partners are only entitled to benefits if this is provided for in the pension fund’s regulations. Alternatively, a private life insurance policy can be arranged.

Separation and divorce
Marriage: In case of disputes, the matrimonial protection judge can be called upon. They can, for example, regulate maintenance or adjust living arrangements. Divorce is only possible after two years of separation against the will of one spouse. Pension fund assets are generally divided equally.

Cohabitation: In the event of a separation, there are no legal claims to maintenance or division of pension assets—unless these were agreed upon in a cohabitation agreement. This can lead to gaps in provision, especially for the parent with primary childcare responsibilities.

The choice between marriage and cohabitation is highly individual—both forms of partnership come with specific advantages and disadvantages. A comprehensive assessment requires considering one’s personal situation, family plans, and financial circumstances.

For an initial, free, and non-binding consultation, please contact us by email (kontaktanfrage@vpz.ch) or call our free VPZ hotline at 0800 822 288 to schedule a direct appointment with your advisory specialist. A holistic and forward-looking planning approach coordinates your situation, identifies optimization opportunities, and ensures long-term success.