Understanding Committed Intimate Relationships in Washington Divorce Law

Romantic relationships are inherently complex, especially those that have lasted for a few years or more. As each partner grows and changes, so does the relationship—presenting the couple with times of true connection and periods of challenge and conflict. Even if you and your partner are not legally married, the ending of a committed intimate relationship (CIR) can be a stressful and emotional experience. Moreover, unmarried couples who have spent years building a shared life together often face similar struggles to those who are going through a divorce in Washington state. Regardless of whether you and your soon-to-be ex-partner are married in the eyes of the court, you must still make a series of monumental decisions about asset division, who gets to keep the shared home you created, and other financial considerations. If you have children, you must also discuss custody matters to ensure that the best interests of your children will remain the top priority in any parenting plan or custody arrangement you put in place. 

Fortunately, Washington state recognizes that those in committed intimate relationships have similar rights to those pursuing a divorce, especially when it comes to matters like asset division and custody. However, there are also some critical differences, such as the lack of tax benefits and an inability to award attorney fees in these types of cases. As you begin to explore your options for ending a committed intimate relationship in Washington state, it’s worth enlisting the guidance of a highly qualified and caring Seattle family law attorney who can help you articulate your goals and identify the most strategic path forward. Let’s take a closer look at the process for unmarried couple property division in Washington state and how partnering with a trusted Seattle committed intimate relationship family law attorney can safeguard your best interests and improve your chances of securing a fair and favorable outcome. 

Understanding Committed Intimate Relationships in Washington

Couples may not enter into marriage for any number of reasons. However, Washington state still recognizes that a committed relationship can be just as meaningful as a marriage. According to RCW 26.60.010, “Many Washingtonians are in intimate, committed, and exclusive relationships with another person to whom they are not legally married. These relationships are important to the individuals involved and their families; they also benefit the public by providing a private source of mutual support for the financial, physical, and emotional health of those individuals and their families. The public has an interest in providing a legal framework for such mutually supportive relationships, whether the partners are of the same or different sexes, and irrespective of their sexual orientation.” In other words, Washington acknowledges the benefits of honoring committed intimate relationships and extending similar rights to these individuals as those in marriages enjoy. In the event that the relationship ends, the parties can move through a similar process of dividing up assets, negotiating child custody arrangements, and addressing any other important considerations before going their separate ways. 

How Washington Law Treats Unmarried Couples

It’s worth noting that there is no set formula that can be used to categorize a relationship as a CIR. Instead, the Washington court will evaluate several factors to determine whether the separating couple was in a committed intimate relationship (and, if so, what legal rights they have when moving through the separation process). Generally speaking, the courts will look at some of the following factors before making a decision: How long you were in the relationship; whether you were continuously cohabitating during that time; whether the relationship was exclusive and committed; whether you presented yourselves publicly as a couple; whether you purchased property together; whether you shared bank accounts or credit cards; whether you named each other in your individual wills; and whether you were listed anywhere as a domestic couple. Although every case is evaluated individually, the court will generally want to see that you lived together continuously for at least two or three years and that you presented yourselves as a couple in public during this time in order to recognize your relationship as a CIR. 

Navigating Property Rights For Unmarried Partners in Washington State

If you believe that your dynamic constitutes a committed intimate relationship under Washington’s definition, then you may be entitled to an equitable division of property as you work to separate your life from that of your partner. Essentially, this means that a committed intimate partner is entitled to any property acquired by either party over the course of the relationship (which mirrors community property division during the divorce process in Washington state). For instance, if you scaled back on your career to focus on maintaining the home or raising children while your partner earned the bulk of the family’s income, you may be entitled to an equitable share of their earnings. If you jointly purchased a home or a vehicle, you can both lay claim to these types of property during the separation process. As you move through the property division process, it’s important to remember that the Washington court strives for a division that is equitable—but not necessarily an equal fifty-fifty split. Instead, the court will approve a division that is fair and enables both parties to walk away from the relationship on relatively similar financial terms. If you have specific questions about CIR breakup legal rights in the greater Seattle area, reach out to a knowledgeable and caring divorce and family law attorney today to get started. 

How Committed Intimate Relationships Affect Custody and Support in King County

Parents who are going through the divorce or legal separation process in Washington state must address matters of custody and child support before they can move forward into their newly independent futures. In Washington, parents have a legal responsibility to care for their children regardless of whether the parents are married or not. Instead, it’s up to the parents to create a parenting plan that outlines the details of their roles and responsibilities in raising their child. For instance, a parenting plan will address how long the child will spend with each parent and how the hand-offs between households will be handled to minimize disruptions as much as possible. You can also use the parenting plan to identify with whom the child will spend holidays and vacations. An effective parenting plan should also clarify how disagreements should be handled and resolved, as well as how important decisions about the child’s well-being should be made (i.e., decisions about medical treatment, education, etc.). In some cases, the court may determine that a child support order is necessary to ensure that both parents are contributing to the financial well-being of the child. If you have any questions about navigating child support or parenting plans as you end your committed intimate relationship, please get in touch with a highly qualified and empathetic Seattle CIR family law attorney for the customized and effective legal guidance you need to proceed with confidence. 

Key Differences Between Committed Intimate Relationships and Marriages in Washington State

Although those seeking to end a committed intimate relationship in Washington can rely on several similar rights to those of married couples, there are a few limitations to recognize before you move forward. For instance, spousal maintenance agreements do not apply to committed intimate relationships (unless you have a valid written agreement in place that specifically provides for support or maintenance in the event of your separation). This means that your ex cannot have the court order you to pay spousal maintenance if you are ending a committed intimate relationship (nor can you seek a spousal support order from your ex). Other key differences between marriages and committed intimate relationships in Washington are that those in CIRs do not receive the same tax benefits as married couples, nor can attorney fees be awarded in CIR cases (each party must pay their own fees). Moreover, if one party in a committed intimate relationship passes away, their partner does not automatically inherit the deceased individual’s property the way a surviving spouse would under Washington state law. However, there may be ways for a surviving partner to still lay claim to their loved one’s property, so it’s worth discussing your specific concerns with a knowledgeable and caring Seattle family law attorney for the customized legal guidance you need. 

Get Started With Seattle’s Go-To Family Law Attorneys Today

When an unmarried couple begins to explore their options for ending their relationship, they may wonder whether Washington state common law marriage laws apply to them. While the term “common law marriage” does not hold weight in Washington, the state does recognize committed intimate relationships and provides these individuals with certain rights as they move through the separation process. At the Hemmat Law Group, we understand how overwhelming and emotional this challenging time in your life can be, which is why we are committed to treating you with the care and compassion you need to move forward. If you are looking for effective and personalized legal services in the greater Seattle area, we encourage you to contact our office at your earliest convenience to learn more about how we can assist you. 

Legal concerns that affect your personal and familial relationships can be particularly sensitive and emotional. Connecting with an experienced and trusted family law attorney who can treat you with the care and empathy you deserve is essential to ensure that you can move through this challenging time with greater support and understanding. Reach out to the Hemmat Law Group today by calling our Seattle office at (206) 682-5200 to get started with a caring and compassionate family law and divorce attorney.