Legal protection in the event of divorce: what does the insurance company pay for?

Around 40 percent of all marriages in Switzerland are now divorced, and the number is still increasing. Divorces often cause high costs, which can be in the five-digit range. The question of whether legal protection insurance covers these costs is therefore more than understandable.

Legal protection insurance does not offer all-round protection

The proportion of couples who get divorced after the wedding is growing and growing. This has now risen to around 40 percent. Since the costs for a legally secure divorce can easily exceed CHF 10,000, the question of claiming legal protection insurance is understandable. 

But: Most legal protection insurances in Switzerland do not cover the costs incurred in the event of a divorce! In the best case, there is a regulation in the insurance contract that guarantees at least part of the costs. However, this part is very small and usually amounts to just CHF 500 per divorce. In some cases, costs for legal advice on divorce or mediation are offered. However, this by no means covers the costs of the divorce, and separation can become a financial trap.

Loopholes for legal protection insurance

Most owners of legal protection insurance feel well covered, but the realization that this is not the case comes with the divorce: this is precisely the case that is not covered! The highlight behind it: The legal expenses insurers look very carefully at which areas there are most frequent disputes? and then exclude exactly these areas. 

A fact that consumer advocates have long criticized, but most insured people feel very well protected. Until the day of truth, when there is no insurance cover for inheritance disputes and family law litigation. Incidentally, this also applies to tax, construction and labor law, where insurers are also increasingly restricting their protection.

But even in the event that the insurer covers a specific legal dispute with its policy, this may not be included and the assumption of the legal costs may be rejected. For this, the insurance company assesses the chances of success of the dispute. If it comes to the conclusion that the chances of success are slim, it can refuse to cover the costs. 

In the meantime, legal protection insurance is recommended by consumer advocates only for the transport sector. However, if you want to invoke your insurance in the event of a divorce, you will get (almost) empty-handed in most cases.

Aspects of legal protection insurance in Switzerland

It is not mandatory to take out legal protection insurance in Switzerland, but it is sometimes useful. It is intended to cover the often high costs that arise in the context of legal proceedings, so that those affected can also get justice even if they are not in a position to lead a legal dispute due to their own financial situation. 

In addition, the legal protection insurance should help you get advice from experts and have your own legal situation expertly assessed. If the insurance covers the area of legal advice, at least this benefit can be used in the event of a divorce. Whether this is possible in individual cases, however, should be clarified with the insurer at an early stage, because providers often try to wriggle out of the services.

Conclusion: legal expenses insurance does not cover divorces

Legal protection insurance for the private sector usually does not cover the costs of a divorce. Rather, only partial solutions are offered here, such as the assumption of 500 francs per divorce. 

If at least the area of legal advice is covered by legal protection insurance, the owners of this insurance are at least covered for the often quite expensive advice. However, the actual process costs have to be paid out of pocket. Tip: Since the number of divorces in Switzerland continues to rise, you should pay attention to the coverage of divorce cases when taking out legal protection insurance.

 

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