Anaya Nolan
Washington State does not recognize common-law marriage. However, Washington courts do recognize committed intimate relationships (CIR), which are similar to common-law marriages in some ways. A CIR is a relationship between an unmarried couple that lives together for a significant period of time, and Washington State courts will consider a list of factors to determine whether a relationship qualifies. These factors include the length and exclusivity of the relationship, usually requiring a minimum of two to three years. While couples in a CIR do not receive the same tax benefits or spousal support as married couples, their property rights are similar to those of married couples.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Committed intimate relationship recognized | Yes |
| Registered domestic partnerships allowed | Yes, if one partner is over 62 |
| Property rights | Similar to married couples |
| Spousal support | No |
| Maintenance | No |
| Child custody, child support, and parenting time | Yes |
| Inheritance rights | No |
| Tax benefits | No |
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What You'll Learn
Washington State does not recognise common-law marriage
A CIR is somewhat similar to common-law marriage. A CIR is a quasi-marital, meretricious, or marital-like relationship. The more marriage-like the relationship, the more likely a court is to consider it a CIR. There is no strict definition of what constitutes a CIR, but Washington State courts will consider a list of factors to determine whether a relationship qualifies, including the length and exclusivity of the relationship (usually at least two years).
In a CIR, property and debt are generally divided similarly to a marriage in the case of divorce. Property and debt acquired during the committed intimate relationship are usually treated as community property, i.e. belonging to both parties jointly. However, property, assets, and debts that were obtained and kept separately would not be divided. The Washington Supreme Court has held that the only property subject to equitable distribution between the parties upon the termination of a CIR is that which would have been community property had the parties been married.
There are several differences between the rights in a CIR and a marriage. Couples in a CIR do not receive the same tax benefits as married couples, and there is no spousal support or duty of maintenance when a couple separates. The court will only get involved with the division of assets and liabilities, unless there is a valid written contract in place that provides for support or maintenance. Attorney fees cannot be awarded in these cases, whereas they can be for married couples. When there is no will, the Washington Supreme Court has held that a survivor of a CIR does not inherit as would a spouse.
Washington also allows for registered domestic partnerships if one partner is over the age of 62, which provides all state-based marriage benefits to registered partners.
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Washington State does recognise committed intimate relationships
In Washington State, "common-law marriage" does not exist. However, Washington State does recognise "committed intimate relationships" (CIR). These relationships were previously known as "meretricious relationships". A CIR is formed when an unmarried couple lives together for a significant period of time, usually at least two to three years, while holding themselves out to be in a committed intimate relationship.
Washington State courts will consider a list of factors to determine whether a relationship qualifies as a CIR, including the length and exclusivity of the relationship. There is no strict definition of what constitutes a CIR, and the more marriage-like the relationship, the more likely a court is to consider it a CIR.
Upon ascertaining the existence of a CIR, the court will then seek to divide property and assets in a just and equitable manner. Property acquired during the relationship will be considered jointly owned or community property, as in a marriage. However, property, assets, and debts that were obtained and kept separately would not be divided.
It is important to note that there are significant differences between the rights in a CIR and a marriage. Couples in a CIR do not receive the same tax benefits as married couples, and there is no spousal support or duty of maintenance when a couple separates. Additionally, a CIR only conveys limited rights, and a CIR partner will not be treated as a spouse in inheritance matters.
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Division of property and assets in a CIR
In the state of Washington, common-law marriage is not recognized. However, the state does acknowledge "committed intimate relationships" (CIR), which are similar to common-law marriages in some ways. In a CIR, the couple may be treated as legally married in certain scenarios. While there is no strict definition of a CIR, the more marriage-like the relationship, the more likely a court is to consider it as such.
When it comes to the division of property and assets in a CIR, Washington courts will get involved to ensure a just and equitable distribution. This does not always result in a 50-50 split, as the court's primary goal is to ensure that both parties are left in a fair financial position. Property acquired during the CIR is generally presumed to be community property, while property, assets, and debts obtained and maintained separately are not subject to division.
In the case of a house being awarded to one partner, the court will typically compensate the other with different assets, such as retirement accounts, to achieve an overall fair distribution. If there are insufficient assets to achieve a fair division, the court may order the sale of the house and divide the proceeds.
Washington courts have the discretion to consider the spouses' age and health when determining their economic circumstances post-dissolution. In long marriages, the division of property aims to leave both spouses in roughly equal financial positions.
It is important to note that in a CIR, there is no spousal support or duty of maintenance when the couple separates. The court will only get involved with the division of assets and liabilities, unless there is a valid written contract in place that provides for support or maintenance.
To summarize, in a CIR dissolution in Washington, the court will determine a just and equitable distribution of property and assets, which may result in a disproportionate split. The court considers all relevant circumstances, including the nature and extent of community property, to ensure a fair outcome for both parties.
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Child custody, child support and parenting time
In Washington, "common-law marriage" does not exist. However, the state does recognize "committed intimate relationships" (CIR), which afford certain protections to unmarried couples living together. These relationships were previously known as "meretricious relationships" and are recognized when an unmarried couple lives together for a significant period, usually at least two years.
In terms of child custody, child support, and parenting time, Washington State has adopted the language of "Parenting Plans" instead of "custody and visitation agreements." These plans outline the framework for when each parent will see their child, how they will make plans for their future, and where they will attend school. They also specify the primary residential parent, how much parenting time the non-primary residential parent will receive, and any child support that will be awarded.
For unmarried parents in Washington, the process of developing a Parenting Plan is similar to that of married parents going through a divorce. However, there is a significant difference: in Washington, when two parents have a child out of wedlock, custody defaults to the mother of the child unless paternity is established for the father. Once paternity is established, unmarried fathers have access to the same parenting rights as mothers.
Washington State offers a range of standard arrangements for child custody, including 50/50 joint physical custody, where the child spends an equal amount of time with each parent, and primary custody with one parent, where the child lives full-time with one parent and visits the other according to a schedule.
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Rights and protections of a CIR vs. a marriage
Washington does not recognize common-law marriages. Even if a couple has been living together for several years, having children, using identical surnames, and living together will not qualify for a common-law marriage.
The state of Washington introduced the "Committed Intimate Relationship" (CIR) designation for public policy reasons. The title is designed to safeguard the interests of unmarried couples in committed intimate relationships, offering legal protections akin to those enjoyed by married couples.
Rights and protections of a CIR
- Couples in a CIR do not have the same rights as spouses when ending a relationship, but they do have certain financial and property interests.
- In the event of a breakup, a CIR could entitle both partners to an equitable division of shared property acquired during the relationship.
- Property acquired during the relationship will be considered jointly owned or community property, as for a marriage.
- The court will get involved with the division of assets and liabilities only.
- The court will determine child custody, child support, and parenting time.
- Couples do not receive the same tax benefits as married couples.
- There is no spousal support and no duty of maintenance when a couple separates.
- An individual in a CIR does not have the right to collect social security benefits, receive special parenting privileges, or make healthcare or end-of-life decisions, among other things.
Rights and protections of a marriage
- Married couples have the right to collect social security benefits.
- Spouses can receive special parenting privileges.
- One spouse can make healthcare or end-of-life decisions for the other.
- Married couples receive tax benefits.
- There is spousal support and a duty of maintenance when a couple separates.
- Married couples can inherit their partner's assets and residence in the event of their death.
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Frequently asked questions
No, Washington does not recognize common-law marriage. However, Washington courts do recognize "committed intimate relationships" (CIR), which afford certain protections to unmarried couples living together.
A "committed intimate relationship" is a designation used in Washington State to afford certain protections to unmarried couples living together. It is similar to a common-law marriage in that it provides a way for couples to have certain rights and responsibilities, particularly when it comes to dividing assets, upon separation.
There is no strict definition or specific set of criteria used to determine if a relationship constitutes a CIR. However, courts will consider factors such as the length and exclusivity of the relationship (usually at least two years) and how marriage-like the relationship is.
Couples in a CIR have property rights similar to those of married couples. Upon separation, the court will divide property and debt in a just and equitable manner, similar to a divorce. However, there is no spousal support or duty of maintenance, and couples do not receive the same tax benefits as married couples.
A CIR only conveys limited rights compared to a common-law marriage. Couples in a CIR do not receive the same tax benefits, spousal support, or duty of maintenance as married couples. Additionally, a CIR does not provide the same status as a legal marriage when it comes to parenting rights or child support.
