Surnames of former spouses
After the divorce, you have the option of requesting the registry office in your commune of residence take back your birth name, the one you had before marriage. This step is optional and entirely up to you.
If you opt for this change, remember to update your official documents, such as your passport, identity card and driver's license.
Important: under no circumstances can your ex-spouse force you to change your surname. Furthermore, divorce does not entail any change in your children's surnames.
Dissolution of the matrimonial property regime and impact on occupational benefits
Divorce results in the dissolution of the matrimonial property regime, which implies the division of assets and debts between the ex-spouses. The division depends on the matrimonial regime in force during the marriage.
In addition, occupational pension assets accumulated during the years of marriage must also be shared between the two parties.
For detailed information on the liquidation of the matrimonial property regime and the division of occupational pension assets (2nd pillar), please refer to consult a lawyer or contact your AVS compensation fund (1st pillar).
Maintenance contributions for children and former spouse
Child care
The obligation to support children continues until they come of age or complete their education. Both parents are responsible for the maintenance of their children, each according to his or her means.
You and your ex-spouse can agree on the amount of this contribution. However, the final decision will be made by the judge, who will take into account the needs of the child and the financial situation of each parent.
Maintenance of ex-husband
After divorce, in principle, each ex-spouse must provide for his or her own needs. However, one of the spouses may be required to make a maintenance contribution, at least for a specified period. This obligation depends on a number of criteria, such as the age of the parties, the length of the marriage, the division of family tasks (for example, if one of the spouses has stopped working to look after the children) and, above all, the financial situation of each.
You and your ex-spouse can agree directly on the amount of this contribution. Failing agreement, the judge pronouncing the divorce will set the amount to be paid.
Important: if you remarry, you lose the right to receive a maintenance contribution.
What to do if your ex-spouse doesn't pay the contributions?
If your ex-spouse does not respect the contributions set by the judge at the time of the divorce, you can consult a lawyer or ask the cantonal authorities to help you meet your obligations. Each canton has specialized debt collection services that you can contact to recover the money owed to you. This service is free of charge, at least as far as child support is concerned.
If certain conditions are met, the cantons may also advance all or part of the child support contributions. This may apply in particular to the parent with custody of the children, when his or her income is insufficient to cover the costs of child support alone.
For information on maintenance advances and debt collection assistance in your canton, contact your local authority.
Right of residence for foreigners
If you hold a C permit, you have the right to remain in Switzerland after your divorce.
On the other hand, if you have a B permit obtained in the context of family reunification, you may remain in Switzerland only under the following conditions certain conditions.
Find out more
For more information on the consequences of divorce, we recommend that you read consult a lawyer or contact the divorce court in your canton.
