Separation vs Divorce: What Are the Differences?
Legal separation, de facto separation and divorce: legal differences and practical consequences in Swiss law.
Last updated : 2026-04-25
Three Situations
De Facto Separation
Informal: spouses cease cohabiting without court decision. Marriage continues with all consequences. Starts the two-year period for unilateral divorce (art. 114 CC). ATF 128 III 1 admits separation under the same roof.
Protective Measures of the Marital Union (PMMU, art. 172 et seq. CC)
Court may: assign the family home (art. 176 para. 1 ch. 2 CC), set maintenance (ch. 1), rule on custody (para. 3), order separation of property (ch. 3). Issued in summary proceedings (art. 271 CPC), no time limit.
Divorce
Definitively dissolves the marriage (art. 109 CC). Full liquidation of regime, pension sharing, final custody and maintenance determinations.
Key Differences
Property regime: continues in separation; may be changed to separation of property in PMMU; fully liquidated in divorce.
Inheritance: spouses remain heirs during separation (art. 462 CC). Since 2023, statutory share lost from introduction of divorce proceedings (revised art. 472 CC). Lost upon divorce (art. 120 para. 2 CC).
Social insurance: couple pensions during separation; individual pensions with splitting after divorce.
Taxes: separate taxation from the period following effective separation; individual taxation from end of marriage.
Frequently Asked Questions
Do you remain your spouse's heir during separation?
Yes, until divorce (art. 462 CC). Since 2023, the statutory share may be lost from introduction of divorce proceedings (revised art. 472 CC).
Is a court judgment needed to separate?
No. De facto separation needs no court decision. For maintenance, custody and housing, PMMU are recommended (art. 172 et seq. CC).
Can you divorce immediately without prior separation?
Yes, if both agree (joint request, art. 111 CC). The two-year period only applies to unilateral divorce (art. 114 CC).
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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