Widow's pension and AVS 21 reform: what changes for survivors

The AVS 21 reform: what changes concretely?

The AVS 21 reform came into force on 1 January 2024. It profoundly modifies the Swiss survivor's pension system. The main objective: to adapt the AVS to current social realities and guarantee its long-term financing.

Two major changes concern widows and widowers. Firstly, the reference age for women gradually rises to 65, aligned with that of men. Secondly, and this is the crucial point, the rules for awarding widow's pensions have been completely revised.

Widows without children under 55 no longer receive a lifelong pension. This measure aims to modernise a system created in the 1940s, when women rarely worked after marriage. Today, most women are professionally active and can support themselves.

The end of the lifelong widow's pension: what disappears

Until 2023, any widow married for at least five years received a lifelong pension, even without children. This rule dated from 1948, a time when women were financially dependent on their husbands.

The old conditions were simple: to be married at the time of death and to have reached five years of marriage. The widow's age was of no importance. A 30-year-old woman without children received this pension until her own retirement, then her AVS pension.

This system created a major inequality: widowers were entitled to nothing without dependent children. The AVS 21 reform removes this privilege deemed obsolete. It introduces equal treatment between men and women facing widowhood.

The change reflects social evolution: women's financial autonomy, professional equality, diversity of life paths.

The new rules for survivor's pensions

Since 2024, the criteria for awarding survivor's pensions have been unified and more restrictive. The system now clearly distinguishes two situations: with or without dependent children.

The presence of children remains the priority criterion. Widows and widowers with children retain solid protection. For others, age becomes decisive: only people aged 55 or over at the time of their spouse's death retain a right to the pension.

Younger people without children receive a time-limited transitional pension. This temporary assistance replaces the lifelong pension of the past. The objective: to allow professional and financial reorganisation without permanent dependence.

Who is still entitled to a survivor's pension?

Three categories of people retain a right to a widow's or widower's pension:

• Widows and widowers with children under 18: pension paid until the youngest child reaches 18 (25 if in education).
• Widows and widowers aged 55 or over at the time of death: lifelong pension maintained if the marriage lasted at least five years.
• Widows and widowers with disabled children: extended protection according to the child's degree of disability.

Concrete example: Marie, 52, loses her husband in 2025. Without children, she only receives a transitional pension of 24 months. Sophie, 56 in the same situation, obtains a lifelong pension because she has passed 55.

The transitional pension: a temporary solution

The transitional pension constitutes the major innovation of the AVS 21 reform. It is aimed at widows and widowers under 55 without dependent children.

Duration: 24 months maximum from the spouse's death. Payment stops automatically after two years, even if the person has not regained financial balance.

Amount: identical to that of a standard survivor's pension, calculated according to the deceased's years of contributions. It varies between 948 CHF and 1,896 CHF per month in 2025.

Conditions: to have been married for at least five years or to have had children together. This pension aims to cover the immediate adaptation period, not to replace long-term income. It underlines the importance of the third pillar and personal pension provision.

Transitional measures: who is protected?

The reform provides protective measures for people who were counting on the old system. These transitional provisions avoid abrupt breaks and respect the principle of legitimate expectation.

Two categories benefit from specific protection: people born before 1970 and those already married on 1 January 2024. These measures guarantee that no one loses their rights overnight.

The logic is simple: the closer you are to retirement or already engaged in a marriage at the time of the reform, the more extensive your protection. Younger generations, on the other hand, must adapt to the new rules from now on.

Protection for people born before 1970

People born before 1 January 1970 retain their rights under the old system. Concretely, a widow born in 1969 or before keeps her right to a lifelong pension, even without children and even if she is under 55 at her spouse's death.

This protection only applies if the death occurs after 1 January 2024 and if the marriage conditions are met (five years minimum). It concerns both women and men.

Why this exception? People close to retirement in 2024 no longer have time to build up sufficient alternative pension provision. The legislator wanted to avoid abrupt impoverishment of this generation who contributed all their lives counting on these rules.

Situation of couples married before 2024

If you were already married on 1 January 2024, your situation depends on your year of birth, not your marriage date. The marriage date does not automatically protect you.

Practical case: Julie, born in 1975, married in 2020. Her husband dies in 2025, she is 50. Despite her marriage before the reform, she only receives a transitional pension of 24 months because she was born after 1970.

Conversely, Christine, born in 1968, married in 2022, retains her right to a lifelong pension if her husband dies, because she belongs to the protected generation.

This rule may seem complex, but it is based on an objective criterion: your year of birth determines your ability to adapt professionally.

Calculation and amount of the widow's pension in 2025

The amount of the AVS widow's pension depends on the deceased's years of contributions and income. It corresponds to 80% of the old-age pension to which the deceased spouse would have been entitled.

In 2025, amounts vary between:

• Minimum: 948 CHF per month (minimum AVS pension × 80%)
• Maximum: 1,896 CHF per month (maximum AVS pension × 80%)

The calculation takes into account three factors: complete years of contributions (between 20 and 65), average annual income and bonuses for educational or care tasks. A contribution gap proportionally reduces the amount.

Pensions are indexed annually according to wage and price developments. The next adjustment will take place in 2026.

Cohabitation and partnership: the absence of protection

Crucial point often ignored: cohabitants have no rights to AVS survivor's pensions. Regardless of the duration of life together, the existence of children together or financial interdependence. Without marriage, no pension.

This rule also applies to registered partnerships between same-sex people, although some cantons provide specific supplementary benefits. But at federal AVS level, only marriage opens rights.

Concrete consequence: if your partner dies, you receive nothing from the AVS. Even after 20 years of life together. Even if you shared everything. This legal reality creates major financial vulnerability for unmarried couples.

Private pension provision therefore becomes essential to protect one's partner.

How to protect your partner without being married?

Several solutions exist to compensate for the absence of AVS protection in cohabitation:

The third pillar with beneficiary clause: designate your partner as beneficiary. Beware, the available portion is limited if you have reserved heirs (children, parents).

Life insurance: take out a policy for the benefit of your cohabitant. Premiums may be tax-deductible in certain cases.

The will: bequeath part of your estate within the limits of the available portion (generally 25% with children).

The cohabitation contract: written document defining the sharing of assets and mutual obligations. Useful but limited in the event of death.

These solutions require advance planning. Consult a pension adviser to adapt your strategy.

What to do in the event of your spouse's death?

Steps must be taken quickly after the death. Here are the concrete steps:

1. Contact your AVS compensation fund within 30 days. This is generally that of the deceased's last employer or the cantonal fund if your spouse was self-employed or without activity.

2. Complete the application form available on your fund's website or at an agency. The document is entitled "Application for survivor's pension".

3. Gather the necessary documents: death certificate, marriage certificate, family record book, income certificates, proof of contributions.

The pension begins on the first day of the month following the death. Payments are retroactive if your application is submitted within the deadlines. A delay may result in a loss of rights for elapsed months.

Widow's pension and other benefits: what can be combined

The widow's pension can be combined with other income and benefits, but certain rules apply:

Combinable without restriction: professional income (salary or self-employed activity), third pillar (capital or pension), second pillar benefits (pension fund), orphan's pension for your children.

Own AVS pension: you cannot simultaneously receive your own AVS old-age pension and a survivor's pension. At retirement age, you receive the higher of the two, or an amount capped at 150% of the maximum AVS pension if both are combined.

Supplementary benefits: accessible if your total income remains below a certain threshold. Income splitting (sharing of the couple's income during marriage) applies automatically to optimise your future AVS pension.

Anticipating and planning: the importance of pension provision

The AVS 21 reform makes personal pension provision more crucial than ever. Do not rely solely on survivor's pensions, especially if you are young or without children.

Check your personal situation: request an individual account statement from your AVS fund. This free document indicates your years of contributions and any gaps. Fill these gaps before 65 to maximise your rights.

Strengthen your second and third pillars: contribute regularly, clearly designate your beneficiaries, reassess your strategy with each change of situation (marriage, birth, divorce).

Consult a specialist: a pension adviser can simulate different scenarios and help you optimise your protection. In the event of a loved one's death, publishing an obituary allows you to quickly inform those around you of the steps to follow.

The AVS 21 reform marks a major turning point for survivor's pensions in Switzerland. The lifelong widow's pension is gradually disappearing, replaced by a time-limited transitional pension. If you were born before 1970 or married before 2024, you benefit from transitional measures that preserve your acquired rights. For others, social protection in the event of a spouse's death becomes significantly more limited.

This development underlines the importance of anticipating and planning one's individual pension provision. Cohabitation and registered partnership still grant no right to an AVS pension, which makes private pension provision all the more essential to protect your partner.

Faced with a death, administrative procedures can seem complex. Wolky supports you in these difficult times by allowing you to publish an obituary online quickly and with dignity, whilst creating a memorial space accessible to your loved ones, wherever they are.