Committed Intimate Relationships

Some couples who were never married (both in cases of same-sex or opposite-sex relationships) can make the claim that they were in a Committed Intimate Relationship (CIR). Washington State Courts define a CIR as a “stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist”. If you have been in a CIR with your partner, you may be entitled to dividing up the property acquired during that relationship.

In general, this means that the court will assume any property that you got during the relationship was owned jointly. If one of you is unable to prove otherwise, the court will divide this property in a way it believes is fair. Note that this may not mean a 50-50 split, but what the court considers equitable in the specific situation.

Hemmat Law’s family law team are experienced with cases involving committed intimate relationships in Washington State and can advise you on your options.

There isn’t a hard and fast specific set of criteria or a one-size-fits-all formula used to determine if a relationship constitutes a committed intimate relationship. The courts use a number of different factors to decide whether your relationship could be determined to be a CIR.

Some of these factors may include:

• How long you were in a relationship
• Were you continusouly cohabitating during that time
• Was the relationship exclusive and committed
• Did you present yourselves publicly as a couple
• Did you buy property together
• Did you share any bank accounts, credit cards or memberships
• Did you name each other in your wills
• Were you registered or listed anywhere as a domestic couple

In reality, each case is evaluated individually, but generally a couple needs to have lived together for at least 2-3 years and publicly presented themselves to be in a committed intimate relationship.

If you’re unsure, please speak with our divorce and separation lawyers to see if yours would be deemed a committed intimate relationship in Washington State.

No – in Washington State it is important to note that CIR couples can never receive spousal maintenance (unless a couple has a valid written contract in place that provides for support or maintenance). Although you may be entitled for division of assets and liabilities acquired during the relationship, there are some significant differences between your rights having been in a committed intimate relationships versus a marriage.

These include

• Couples do not receive the same tax benefits as married couples
• No required spousal support and no duty of maintenance
• Attorney fees cannot be awarded in CIR cases (this is limited just to married couples). Each individual will have to pay their own fees.
• If one of you dies without a will, the other does not automatically inherit the way a surviving spouse does under Washington State law. That being said, if you have a registered domestic partnership, you may be able to inherit without a will. Speak to our empathetic family lawyers if you need help to understand your options if this is the case.

No – The court cannot divide property one of you owned before. They also cannot divide property inherited or received as a gift during the relationship. That is considered separate property, and exclusively owned by that partner.

Parents have a legal responsibility to care for their children regardless of marital status. The court aims to determine custody and child support in the best interest of the children. We have a lot more information in our child custody and support pages to refer to.