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Cohabitation is when a couple lives together but has not entered into a marriage or a registered partnership. This applies to both heterosexual partnerships and homosexual partnerships.
There are no specific rules for cohabitation, as for example in a marriage, in which one is entitled to a set of rights on the basis of the chosen way of life. Cohabitation is as a way of life, an undictated legal space.
The law treats people living in a cohabitation as two individuals and not as a couple. This has different consequences. A number of important consequences are briefly discussed below.
If a separation occurs, there is no entitlement to maintenance payments. This entitlement does not exist even if a cohabiting partner has either reduced the amount of their gainful employment or given it up entirely in order to take care of the joint children or the household. If a cohabitating couple separate, there is no mutual entitlement to the AHV pension to which the other party contributed to for the duration of the partnership.
Furthermore, the law does not provide for any obligation to support or assist the other partner in the case of illness, for example. There are however cases in which the financial situation of the cohabiting partner is taken into account. This is the case, for example, with debt collection proceedings or social support payments.
In contrast to married couples or couples living in a registered partnership, cohabiting partners each receive 100% of their AHV pension. In the case of a marriage or registered partnership, only 150% of the AHV pension is paid to both parties combined.
The child of a cohabitating pair must be recognized by the other partner with a declaration in a recognition procedure, stating that he or she is the second parent of the child. Alongside this declaration, another declaration must be made in which the parties state that they wish to exercise their parental care together.
If the cohabiting partner dies, the surviving person is not among the legal heirs and therefore does not automatically inherit the assets of the deceased partner. However, there is the possibility for the cohabitating couple to name one another as reciprocal beneficiaries in their wills.
It is possible to establish rules for living together through a cohabitation agreement. This must be agreed conclusively in writing. However, the content can be freely determined. For example, it is possible to agree on the keeping of an inventory list, on the division of household expenses, on who will finance the maintenance of the children, on the division of assets and on an agreement regarding a life insurance policy which will be paid out to the cohabiting partner in the event of death.
Our attorneys in St. Gallen, Zurich and Frauenfeld will be happy to provide you with information on cohabitation agreements.