4 December 2025
Cohabitation is not specifically regulated under Swiss law. The statutory provisions on simple partnerships apply. A cohabitation agreement can provide clarity and legal certainty.
The term cohabitation (concubinage or "Konkubinat") refers to a factual domestic relationship between two individuals who live together in a committed partnership. There is no statutory definition. The Swiss Federal Supreme Court uses the expression “community of residence, table, and bed,” describing the required emotional, physical, and economic components that distinguish cohabitation from a mere shared household. It is a relationship similar to marriage, but without the conclusion of a marriage or a registered partnership.
This lack of statutory definition leads to many misunderstandings in practice. Cohabitation is not the same as a registered partnership. The registered partnership is an older legal institution that was created to allow same-sex couples to form a relationship similar to marriage.
Cohabiting relationships vary greatly in form and intensity. They may be formed informally, structured freely, and dissolved at any time. Each partner is considered a separate legal entity, and together they do not form a legal unit. Cohabitation does not provide any protected position of trust. Unlike marriage or registered partnership, there are no statutory financial consequences upon death or separation. This can produce undesirable outcomes: partners have no legal right to inherit from one another. If one wishes to provide for the partner, a last will is essential. Likewise, upon separation, the law does not provide special rules on how shared assets are to be divided. If one partner has taken on household duties or childcare – thus giving up income and pension contributions (AHV, BVG, Pillar 3a) – the law grants no entitlement to compensation from the working partner’s pension benefits upon separation. Maintenance obligations exist only – though at least – at the level of child support.
A look across the border reveals a different picture: in France, the Pacte civil de solidarité (PACS) provides couples with a legal framework that involves different formalities and fewer rights than marriage. It governs cohabitation as well as the duty of mutual material support and assistance.
Those wishing to enhance legal certainty in a Swiss cohabiting relationship must take action themselves. To avoid legal uncertainty and create clarity, it can be advisable for partners to conclude a cohabitation agreement ("Konkubinatsvertrag"). Such an agreement makes it possible to individually regulate matters not covered by law. These may include the allocation of financial responsibilities during the relationship, measures to avoid pension gaps, the division of assets in the event of separation, maintenance or caregiving arrangements, or the coordinated acquisition of real estate.
For further information, please refer to our April 2025 newsletter.
