Cameron Miranda
While common-law marriage is not recognized in Washington State, the state does recognize committed intimate relationships (CIR). A CIR is a marital-like relationship between two unmarried people that is similar to common-law marriage in that it is based on factors such as living together, pooling resources, and generally enjoying the benefits of a marital relationship. However, there are significant differences in the rights that married couples have compared to those in a CIR. For example, individuals in a CIR do not have the right to collect social security benefits, make healthcare decisions, or receive special parenting privileges. While Washington does not allow for common-law marriage, it does recognize that some long-term committed relationships deserve a limited number of the same rights as married couples.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Committed intimate relationship recognized | Yes |
| Cohabitation agreement recognized | Yes |
| Legal rights of partners in a committed intimate relationship | Limited |
| Social security benefits for partners in a committed intimate relationship | Not eligible |
| Healthcare, guardianship, and burial decisions for partners in a committed intimate relationship | Require wills with directives |
| Spousal support or maintenance in a committed intimate relationship | Not legally obligated |
| Attorney's fees in a committed intimate relationship case | Not awarded by the court |
| Tax benefits for couples in a committed intimate relationship | No |
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What You'll Learn
Washington State does not allow common-law marriages
One of the biggest differences between a CIR and a common-law marriage is that a CIR only conveys limited rights. Unlike a spouse, 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. Additionally, there is no legal obligation to pay spousal support or maintenance when a couple in a CIR ends their relationship, and couples in a CIR do not receive the same tax benefits as married couples.
The existence of a CIR can be significant during a Washington divorce. When a couple acquires property during a CIR, it is presumed to be community property. However, the scope that can be considered in a CIR is limited. At best, CIR is a legal tool for dividing assets. That is to say, the existence of a CIR does not grant the court authority to order alimony (spousal support) or attorney's fees as in a divorce.
To protect themselves in a CIR, couples can create a cohabitation agreement. This is a legally binding contract that defines the financial obligations and arrangements of an unmarried couple sharing the same home. The terms of a cohabitation agreement are customised based on the couple's desires, but common topics include gifts and inheritances acquired during the relationship, division of income and assets, child custody, and child support.
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Committed intimate relationships (CIR)
Washington does not recognize common-law marriage. However, the state does recognize "committed intimate relationships" (CIR), which affords certain protections to couples living together who are not legally married. A CIR is a marital-like relationship, and while there is no strict definition of what constitutes a CIR, the more marriage-like the relationship, the more likely a court is to consider it as such.
Courts will consider a list of factors to determine whether a relationship qualifies as a CIR, including:
- Length and exclusivity of the relationship (usually at least two years)
- Whether there were joint bank accounts, credit cards, etc.
- Naming of one another in wills or other planning documents
- Whether the parties were married to others during the period of cohabitation
- Whether the parties expressed an intent to marry or have children together
- Whether either or both parties made major career or residential moves based on their relationship
- Whether the existence of a meretricious relationship is contested or uncontested
- Continuous cohabitation, relationship duration, relationship purpose, and the parties' intent
It is important to note that a CIR only conveys limited rights. Unlike a spouse, 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. Additionally, there is no legal obligation to pay spousal support or maintenance when a couple in a CIR ends their relationship, and couples in a CIR do not receive the same tax benefits as married couples.
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Rights and benefits of a CIR
Common-law marriage is not recognized in Washington State. However, Washington does have a similar concept called a "Committed Intimate Relationship" (CIR). A CIR is a marital-like relationship between two unmarried people. There is no strict definition of what constitutes a CIR, but the more a relationship resembles a marriage, the more likely a court is to consider it a CIR.
- Property Division: When a couple acquires property during a CIR, it is presumed to be community property. In the event of a separation, the court will apply a "fair and equitable" standard in dividing the property and debts acquired during the relationship.
- Child Custody and Support: Child custody decisions are based on the best interests of the children, and child support is determined according to child support guidelines. If one partner is not the biological or adoptive parent, they may still have parental rights under the de facto parent doctrine if they can demonstrate that they meet certain factors.
- Inheritance: If one partner dies without a will, the other partner may be able to inherit their property if they can show they were in a CIR. However, the surviving partner would not be eligible to collect Social Security benefits based on the deceased partner's work record.
- Spousal Support and Maintenance: There is no legal obligation for spousal support or maintenance when a CIR ends. Unless there is a written contract for support and maintenance, the court will not grant spousal support or attorney's fees.
- Healthcare and End-of-Life Decisions: Individuals in a CIR do not have the same rights as spouses regarding healthcare and end-of-life decisions. Unless there are legal documents in place, such as health care directives, the surviving partner may not have the right to make these decisions.
It is important to note that the rights and benefits of a CIR are limited compared to those of a legally married couple. To protect themselves, couples in a CIR may consider creating a Cohabitation Agreement, a legally binding contract that defines the financial obligations and arrangements of the couple.
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Division of property in a CIR
Washington State does not recognize common-law marriage. However, it does recognize a similar doctrine called a "Committed Intimate Relationship" (CIR). A CIR is a marital-like relationship with no strict definition or criteria. When determining whether a couple is in a CIR, the court considers factors such as whether they lived together, pooled resources, and enjoyed the benefits of a marital relationship.
When it comes to the division of property in a CIR in Washington, it is important to note that a CIR conveys limited rights compared to a legal marriage. In a CIR, there is no right to collect social security benefits, receive special parenting privileges, or make healthcare or end-of-life decisions. Additionally, the court does not have the authority to order alimony or spousal support, and each party must pay their own legal fees unless otherwise agreed upon.
Property acquired during a CIR in Washington is presumed to be community property, which means it is owned equally by both partners. This includes all assets and debts acquired during the relationship. However, separate property, such as gifts or inheritances received during the CIR, generally remains with the individual owner.
To protect themselves in a CIR, couples can create a Cohabitation Agreement, which is a legally binding contract that defines the financial obligations and arrangements of the couple. This agreement can include topics such as the division of income, assets, gifts, and inheritances acquired during the relationship.
In summary, while Washington does not recognize common-law marriage, it does recognize CIRs, and property division in these relationships is based on community property standards. Couples in a CIR can protect their rights and interests by creating a Cohabitation Agreement.
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Cohabitation agreements
Washington state law does not recognize common-law marriages. However, it does recognize a similar doctrine called a "Committed Intimate Relationship" (CIR). A CIR is a marital-like relationship with no strict definition. The more marriage-like the relationship, the more likely a court is to consider it a CIR.
In Washington, cohabitation agreements are a popular option for unmarried couples who live together. A cohabitation agreement is a legally binding contract that is recognized by courts and protects each party's assets in the event that the relationship ends. The contract defines the financial obligations and arrangements of an unmarried couple sharing the same home. The terms of a cohabitation agreement are customized based on the couple's desires, but common topics include:
- Gifts and inheritances acquired during the relationship
- Division of income and assets acquired during the relationship
- Child custody and child support
It is important to note that an informal cohabitation agreement may not be legally enforceable in Washington. Some aspects may also need to be supported by legal documentation, such as ensuring your partner inherits in the event of your death.
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Frequently asked questions
No, common-law marriage is not recognized in Washington State.
A common-law marriage is a legally recognized union between two people living together for a period of time and holding themselves out to friends, family, and the community as “being married”, but without ever actually having a formal ceremony or obtaining a marriage license.
Washington State has a classification known as a "Committed Intimate Relationship" (CIR), which offers specific legal protections to cohabiting couples who aren’t legally wed. A CIR is determined by factors such as the length and fidelity of the relationship, living together, and the extent to which the individuals present themselves as a devoted couple.
A CIR grants limited rights compared to a legal marriage. While a CIR can provide property rights similar to a married couple, it does not convey special status regarding parenting rights, child support, social security benefits, or healthcare and end-of-life decisions.
Unmarried couples in Washington can seek skilled legal counsel to understand their rights and create safeguards, such as cohabitation agreements, to protect their interests in the event of separation.
