All FAQ
PROTECTION

If a de facto/cohabiting/live-in relationship or customary marriage between a same-sex couple breaks down, what financial and/or custody claims are available and how do they differ from those available to an opposite-sex couple?

Same-sex and opposite-sex couples receive equal treatment in this matter. Issues regarding child status (parental responsibility, custody, alimony, child protection, child asset protection) are assessed in a summary proceeding, and the basic rules do not differ between married and unmarried couples. The Supreme Court does not recognize any alimony rights in a de facto couple. However, child support includes a specific portion for the caregiving parent to cover their basic costs, which essentially depends on the age of the child. Since the law does not regulate de facto couples, any claim must be based on the agreement that the two individuals have concluded a simple contract. Case law presumes that a five-year cohabitation usually involves such a contract. However, even when this is proven, the scope of this contract is typically limited and difficult to predict.

PROTECTION

Related questions

Protection

Is either being homosexual or engaging in consensual homosexual sexual acts illegal? If so, what are the penalties?

No. Homosexuality and consensual homosexual acts are legal under Swiss law.

Protection

Is any aspect of gender identity or gender affirming treatment illegal? If so what are the penalties?

No. However, there are specific requirements for minors. See question 37.

Protection

Are there further comments on gender identity and gender affirming treatment in Switzerland?

According to case law, gender-affirming treatments must be reimbursed by basic (and mandatory) health insurance (see Supreme Court 137 I 86). No legal text covers all areas, and concerned individuals might encounter resistance from insurers, requiring additional documentation to establish the necessary diagnosis of Gender Identity Disorder in Adolescents or Adults according to DSM 302.85. Existing psychiatric therapy of at least six months is usually required for insurance coverage of hormonal treatments. Insurers won't cover surgery without an existing psychiatric therapy for at least one year and will usually not accept claims without prior hormonal treatment. Surgery coverage is extensive and may include genital, mammary, facial (though this is disputed), and vocal cord modifications (see Supreme Court 9C_572/2015 § 4.2).

Protection

Can a same-sex couple marry? If so, are there any differences from opposite-sex marriages?

Yes. On September 26th, 2021, Swiss citizens widely accepted (64% in favor) the "Marriage for All" legislation, establishing gender-neutral marriage. There is no difference between same-sex and opposite-sex marriages.

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