Swiss Civil Code

¹ If di­vorce pro­ceed­ings are pending on the death of the test­at­or, the sur­viv­ing spouse loses his or her right to claim the stat­utory en­ti­tle­ment if:

1.

the pro­ceed­ings were in­stig­ated by joint re­quest or con­tin­ued by joint re­quest in ac­cord­ance with the rules on di­vorce; or

2.

the spouses have lived apart for at least two years.

² In such a case, the stat­utory en­ti­tle­ments ap­ply as if the test­at­or had nev­er mar­ried.

³ Para­graphs 1 and 2 ap­ply mu­tatis mutandis to pro­ceed­ings to dis­solve a re­gistered part­ner­ship.