Josef Alkatout, Head of Family Law, comments in the Tribune de Genève on the Swiss Supreme Court’s decision 5A_127/2023, which redefines the term of “concubinage” or “common-law marriage” after one divorces.
In this decision, the Federal Court has tightened the criteria for designating concubinages as “qualified”, in which case maintenance contributions could be ended. Specifically, although the creditor shared household expenses equally with her new partner, the financial independence and lack of mutual economic support led to the rejection of the former husband’s request to terminate the maintenance payments.
Thus, it appears that the Court favours the traditional model of marriage, making the recognition of a qualified live-in partnership particularly challenging.
