Marriage in Switzerland: how to protect your personal wealth

Marriage: an emotional and financial commitment

Marriage is a major milestone in a couple’s life. Beyond the emotional and personal commitment, it also brings significant legal and financial consequences.

Anticipating these implications helps define a clear framework, avoid imbalances and preserve your personal wealth over the long term.

Sound planning supports a more harmonious and financially secure relationship.

Matrimonial property regimes in Switzerland

In Switzerland, the financial organisation of marriage is governed by three matrimonial property regimes, which determine ownership and the division of assets during the marriage and in the event of divorce or death.

1. Participation in acquired property (statutory regime)

If no marriage contract is concluded, spouses are automatically subject to the participation in acquired property regime.

Under this regime:

each spouse retains ownership of their personal assets (assets acquired before marriage, inheritances and gifts),
income and assets acquired during the marriage constitute acquired property, managed individually,
in the event of divorce or death, acquired property is shared equally.

2. Community of property

The community of property regime must be established through a notarised marriage contract.

It involves:

pooling the couple’s entire wealth,
joint management of assets,
equal division of assets in the event of separation or divorce.

This regime strengthens financial solidarity, but reduces individual financial autonomy.

3. Separation of property

The separation of property regime, also established by a marriage contract, allows each spouse to:

retain full ownership of their assets,
remain solely responsible for their own debts,
avoid any automatic asset sharing in the event of divorce (except for jointly owned assets).

This regime offers strong protection of personal wealth, while requiring less pooling of resources.

The marriage contract: a key wealth‑protection tool

A marriage contract is a central tool for structuring and protecting a couple’s financial organisation.

Drafted by a notary, it allows spouses to:

choose a matrimonial property regime suited to their situation,
adapt certain rules of the statutory regime,
protect the surviving spouse’s interests,
anticipate the consequences of divorce or death.

A marriage contract is not a sign of mistrust, but a tool for foresight and clarity.

Marriage, pension provision and spousal protection

Marriage provides enhanced protection for spouses in terms of pension provision and succession.

Married couples generally benefit from:

survivor’s benefits under OASI,
entitlements under occupational pension schemes (subject to pension fund rules),
a privileged position under statutory inheritance law,
inheritance tax treatment that is usually more favourable than for unmarried couples.

However, marriage may also involve certain constraints, such as the cap on combined OASI pensions, limited to 150% of the maximum individual pension for married couples.

Why plan ahead?

Anticipating wealth‑planning issues ahead of marriage makes it possible to:

protect existing assets,
manage asymmetrical professional or income situations,
secure real estate holdings,
preserve the couple’s financial balance,
mitigate the consequences of a potential divorce.

Are you planning to get married and wish to protect your personal wealth?
Our experts are available to review your financial situation and help you optimise your economic and tax position. Do not hesitate to contact us to find out more.