Many couples in Switzerland deliberately live together without getting married, because of personal beliefs, tax reasons, or simply because they do not yet want a formal commitment. Legally, however, cohabitation is not a “mini marriage.” In principle, it is simply two individuals sharing a household. That is exactly why risks can arise if one partner dies, becomes seriously ill or incapacitated, or if the relationship ends after many years.
What is Cohabitation?
Cohabitation means living together in a committed relationship without marriage or a registered partnership. Switzerland does not have a specific law for cohabiting couples. Many rights that married couples receive automatically must be actively arranged by cohabiting couples themselves.
Key point: Under inheritance law, you are “not related”
If one partner dies while the couple is cohabiting, the rules of general succession apply, and the surviving partner is not automatically an heir. If you want your partner to inherit anything, you must explicitly provide for it in a will.
In addition, Switzerland has forced heirship rules, for example for children, that can limit the freely disposable portion of the estate. This means that even with a will, you cannot always leave everything to your partner, depending on your family situation.
How can I protect myself properly in a cohabitation relationship?
1) “Paper beats emotion”: a cohabitation agreement (for life) + a will (for death)
A cohabitation agreement is not a romantic document. It is a practical safety belt. It helps clarify questions such as: who pays what, who covers which costs, what happens to jointly purchased items, what happens if you separate, and how a shared home is handled if the relationship ends.
For death-related planning, you also need a will or, depending on your situation, an inheritance contract. Without such documents, the legal default rules apply, and those do not favor an unmarried partner.
2) Pension fund and retirement planning: “beneficiary status” is not automatic
In a cohabitation relationship, there is no entitlement to an AHV/AVS survivor’s pension. Under the occupational pension scheme, the second pillar, benefits may be possible, but only if the pension fund’s rules allow it and/or if the partner has been reported in advance or certain conditions are met. So you should check directly with your pension fund and submit any required forms.
The same applies to pillar 3a and life insurance: do not assume they will automatically know who your partner is. Beneficiary designations should be clearly documented.
3) Practical tip for bank accounts: ensure liquidity if the bank blocks access first
After a death, bank accounts can be temporarily frozen as a precaution, even if a power of attorney exists. Banks often want clarity about heirs and legal authority first. This can immediately put pressure on the surviving partner’s day-to-day life, such as rent, health insurance bills, and groceries.
A practical solution is for each partner to keep a separate personal account with enough emergency funds, for example 2 to 6 months of fixed expenses, depending on the situation. A joint account can also be useful, but you should plan in a way that does not leave you dependent on immediate access to it in an emergency.
4) Mutual information: not romantic, but it can save you
Keep a simple document with the following information:
- Which banks, insurance policies, passwords, or emergency access details exist?
- Who should be notified in an emergency?
- Where are the will, power of attorney, and advance healthcare directive stored?
In a time of grief, this can save weeks of chaos.
5) Illness or incapacity: who is allowed to decide for me?
Many people think only about death, but the more critical moment is often incapacity, for example after an accident or stroke. Swiss law provides a legal order of representation for certain medical decisions, and a cohabiting partner can sometimes be authorized, typically when living in the same household and providing regular support.
Still, it is wise not to leave this entirely to the law, but to clarify matters in an advance healthcare directive and a power of attorney or advance mandate.
What are the disadvantages if I inherit as a cohabiting partner?
If you inherit only because of a will, typical disadvantages compared to married couples may include:
- No automatic inheritance rights: Without a will or inheritance contract, you receive nothing.
- Forced heirship can limit what you receive: Children and, depending on the situation, other protected heirs can reduce the freely disposable portion.
- Inheritance tax may be significantly higher: Depending on the canton, cohabiting partners may be taxed like third parties. This can be expensive and may even create liquidity problems if tax is due while the assets are tied up in real estate.
- Banks and estate administration can take time: Even with powers of attorney, delays and practical obstacles can occur.
Does cohabitation also exist in Thailand?
Socially, yes. Many couples in Thailand live together without marriage.
Legally, in simplified terms, it is similar to Switzerland in the sense that without a formal marriage, you are not treated as a spouse and are not automatically protected under intestate succession rules.
The good news is that in Thailand, you can generally make very broad provisions through a will, because Thai inheritance law does not have forced heirship rules in the same way Switzerland does. In principle, it may even be possible to leave everything to your partner, depending on proper drafting and formalities.
FAQ
Do we have to get married to be safe?
No. But in a cohabitation relationship, you must actively arrange key points such as a will, retirement planning, beneficiary designations, and agreements, because many things do not happen automatically.
Is a bank power of attorney enough for my partner to pay bills if I die?
Not reliably. Banks can freeze accounts as a precaution until inheritance matters are clarified. That is why having a separate liquidity reserve is so important.
If we have children together, is my partner automatically better protected?
Not automatically. Children are protected under the legal order of succession, but an unmarried partner is not. You need estate planning documents and must consider forced heirship rules.
What is the fastest “first aid” step if we have arranged nothing yet?
Practically: separate accounts and an emergency folder. Legally: a will, plus a review of beneficiary designations in pension and insurance plans.
