LGBT advice

LGBT: What does "Marriage for all" imply for us?

From 1 July 2022, same-sex couples will be able to marry or convert their registered partnership into a marriage. This creates new possibilities – and raises new questions. 

True: In marriage, both partners are automatically afforded better security than in a registered partnership or cohabitation. However, marriage is usually not enough to provide the most comprehensive financial security for the surviving partner. Marriage and inheritance law offer a number of possibilities, provided they are properly exploited.

Marriage also has far-reaching consequences for social security, matrimonial property, inheritance and taxes. That is why it is important to inform yourself well before you decide to take this step.

What are the differences between marriages and registered partnerships?

By default, a separation of property applies for registered partnerships, which means that if a partnership ends, there are no joint assets that will be divided up. By contrast, for married couples the joint ownership of acquired property applies. This means that if a spouse dies or the couple separates, both partners receive half of the assets that have been jointly accrued during the course of the marriage. Even with married couples, however, it is often necessary to have additional regulations to ensure that the surviving partner is financially secure. 

For married lesbian couples, the surviving partner will receive an OASI survivors’ pension if she is at least 45 years old and they had been married for at least five years. By contrast, in a registered partnership she would only receive a pension if, and for as long as she has a child under the age of 18.

Married lesbian couples will also have access to sperm banks. For gay couples, a foreign spouse of a Swiss man or woman will be eligible for simplified naturalisation.
 

What do cohabiting couples need to know?

Under social insurance schemes and inheritance law, life partners are in a worse position than spouses: pension funds, for example, apply strict conditions to the payment of a survivor’s pension or lump sum to cohabiting partners, and the legal order of succession does not at all take into account life partners. Cohabiting partners must therefore put plans in place if they wish to avoid the surviving partner struggling financially. 
 

What should homosexual couples consider with regard to retirement?

By the time you reach 55, you should have started planning your retirement. When doing so, you have to make a lot of very important decisions for your income to be sufficient for the rest of your life and for your partner to be financially secure. When considering these issues, cohabiting gay and lesbian couples often ask whether it would be a good idea to enter into a registered partnership or – something that will soon be possible in Switzerland – get married. This decision will have a significant impact on their OASI, pension fund and taxes. That is why it is a good idea to plan your retirement with the support of our LGBT specialists.