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Washington does not recognize common law marriage, but certain legal protections exist for those in committed intimate relationships. Understanding these rights is important for couples living together but choosing to do so without being legally married. By knowing what a committed intimate relationship is, you will know what protections you have and their impact on property division and child support.
Common Legal Challenges You’ll Face
Unmarried couples face various legal challenges when they end their relationship. When people marry and divorce, there is a template for how their assets get divided. For example, laws dictate how their property gets split, who will have custody of the child, and what each person’s financial responsibilities are regarding any debt they accrued.
When an unmarried couple separates, determining who owns what—and how it gets divided—is more complex. To fairly divide assets, our courts consider how long you were together, whether you lived together—and for how long—and whether you combined your money to acquire property.
Unlike married couples, there is no presumption of joint ownership, and courts aim to divide property fairly based on each partner’s contributions and interests. It’s important to note that Washington’s community property laws do not apply to unmarried couples. Couples may avoid disputes by creating cohabitation agreements that clearly outline property division in case of a breakup. Think of this as a prenuptial agreement for unmarried couples.
If unmarried parents separate, they must address child custody and child support issues too. Washington law requires all parents to support their children, regardless of marital status. As in all cases involving a child, the court makes decisions in the child’s best interests. In this regard, this is very much like a typical divorce case.
When it comes to spousal support, you will learn that unmarried couples do not have the same financial obligations as married couples. There is no legal basis for awarding spousal support, and each person is usually responsible for their debts. However, agreements made during the relationship can impact financial responsibilities.
Committed Intimate Relationships & Cohabitation Agreements
Washington recognizes the concept of a committed intimate relationship (CIR). This term describes a stable, marriage-like relationship where the couple lives together without being legally married.
To determine if a relationship qualifies as a CIR, courts consider factors such as the duration of the relationship, continuous cohabitation, the intentions and purpose of the relationship, and shared resources and projects. No single factor is decisive; judges look at the overall circumstances. In a CIR, couples have the right to contract with each other, share responsibilities for child support, and claim rights on any property that was acquired during the relationship.
However, there are significant differences between marriages and CIRs. CIR will not have to support their former partner financially as a married couple would. (It is also important to highlight that they will not be given the same tax benefits as married couples.) Additionally, they may not have the right to attorney fees in disputes over property or debts.
As we mentioned previously, unmarried couples can protect their interests through cohabitation agreements. These agreements outline how property and finances will be handled during and after the relationship. They can be similar to prenuptial agreements and help prevent disputes if the relationship ends. A cohabitation agreement can cover how to split household expenses, ownership of acquired property, and debt responsibility.
Family Law Attorneys Represent Unmarried Couples, Too
Understanding your rights in a committed intimate relationship can be challenging. If you have questions or need assistance, speak with one of the attorneys at ZafiroLaw. We protect your interests when you and your partner end your relationship. For personalized legal advice and assistance, schedule a consultation with us. We are here to help you understand and navigate your rights in a committed, intimate relationship.
