The Swiss maintenance contribution system has two main categories based on income levels: one for cases where income significantly exceeds the standard of living (where maintenance is based on that standard, known as the one-step system), and another for cases where income is lower (the two-step system). In the latter case, a detailed calculation system prioritizes expenses in this order: first the basic needs of the paying parent, then the children's needs, followed by the custodial parent's needs, then the non-custodial parent's needs. Any remaining money is distributed among the parties according to a distribution formula. This system offers considerable flexibility, starting with income calculation—judges can even attribute a hypothetical income different from actual earning.
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Related questions
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When is an assessment recommended?
We advise conducting one during significant life events—such as the birth of a child, before marriage, before relocation, or before purchasing a house. Our role isn't to make decisions for you but rather to highlight the advantages and disadvantages of various options while helping protect your interests.
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What are the rules regarding forced heirship?
The rules underwent a drastic change with the new inheritance law that came into force in January 2023. The forced heirship portion is now reduced to half of the statutory share for children and spouse. The parents' forced heirship has been eliminated. With this clarification, Swiss law does not automatically invalidate a will in case of violation of forced heirship rules. Proper legal advice can in practice give you good chances of significantly increasing your room for maneuver.
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Can prenuptial agreements be made under Swiss law?
Yes, but its meaning differs from what is commonly understood in Anglo-Saxon countries. Swiss law recognizes two types of prenuptial agreements: The first type is statutory, allowing spouses to choose from three matrimonial property regimes established by Swiss law. The second type, based on case law, allows spouses to make binding pre-arrangements about divorce effects under specific conditions. The topic is quite technical. You can find the lecture given by Damien Hottelier on this subject here.
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Can I relocate with my child?
The answer depends on your specific situation. With joint parental authority, you generally need the other parent's agreement to relocate. If they refuse, a judge can authorize the relocation—particularly considering whether you are the primary caregiver. Without joint parental authority, the custodial parent typically has freedom to relocate. However, careful case-by-case evaluation is essential. The risks are significant because Switzerland, as a party to the Hague Convention, can readily engage international cooperation to return a child. This makes obtaining relocation authorization much more challenging in international cases.