Some couples are fully committed to one another but choose not to marry. Washington State recognizes these partnerships as “committed intimate relationships.” This status comes with some, not all, of the rights of a legal marriage. The same applies when these relationships end. A Spokane Valley family lawyer from our team can help you plan for whatever path your relationship takes.
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Committed Intimate Relationships Explained
Some states use the term “common law marriage” to designate the status of unmarried couples who live together for an extended period. Washington State doesn’t use that designation. Instead, it may acknowledge these couples as being in a Committed Intimate Relationship (CIR).
Partners in a CIR share a home. They may share financial responsibilities and children, just as married couples do. As long as the couple is happy and functioning well together, these critical issues of finances, property, and children are just a natural part of life.
If the couple decides to end the relationship, matters of money and children take on a different significance. It’s critical to understand the implications before you move in together. A Spokane Valley committed intimate relationships lawyer can explain those implications and help you plan for whatever the future holds.
How Washington Courts Recognize Committed Intimate Relationships
Before determining a committed intimate relationship designation, the judges consider:
- How long the couple has continuously lived together
- The length of the relationship
- The relationship’s purpose
- How the couple has pooled their “resources and services for joint projects.”
- Each partner’s intent
Recognition of status is particularly important for “vulnerable cohabitants” when the relationship ends. For example, one partner may have agreed to shoulder the vast majority of household and childcare responsibilities while the other worked outside the home. Legal recognition of the relationship acknowledges the non-earning party’s contributions and entitlement to shared property.
Rights Applying to Partners in a Committed Intimate Relationship
Partners in a CIR experience only some of the rights as married couples. For example, couples in a CIR do not get the same tax benefits that legally married spouses enjoy. They cannot file their taxes jointly and do not get the doubled standard deduction.
Other rights and responsibilities matter more when couples in a CIR decide to split. A committed intimate relationships attorney in Spokane Valley can explain your rights and work to protect them.
Parenting Plans
An attorney can help you develop a parenting plan. Parenting plans establish how much time the child spends or lives with each parent and the role each parent plays in making important life decisions for the child.
You and your ex may agree on terms, and the court will approve the agreement provided it serves the child’s best interests. This standard applies to couples in legal marriages or CIRs.
Some separations do not run as smoothly. Our team has experience working through sharp disagreements between parents. We will offer you support and guidance as we work to resolve differences.
Property Division
The court usually considers assets or debts acquired during the CIR to be joint property, as it does in other marriages. Per RCW 26.09.080, the court strives for equity, so neither party is left in financial distress.
Spousal Support
When legally married partners divorce, one may have to pay the other spousal maintenance. These financial payments can be temporary or permanent and are assigned at the court’s discretion.
There is no spousal maintenance when partners in a CIR separate unless the couple had a legal, written agreement in place designating that duty.
Attorneys Fees
Per RCW 26.09.140, a judge may order one spouse to pay the other spouse’s legal fees as part of a divorce agreement. This law does not apply to CIRs. When these couples split, each party pays their own fees.
Remaining Uncertainties
Washington State has taken significant measures to recognize CIRs and address issues relating to separations. Still, The Washington Review notes “the development of the doctrine has been a patchwork.” It is a judge-made doctrine that evolves as cases raise new questions.
Your case may present issues not yet resolved. Dellino Family Law is a team well-versed in Washington’s related case law. Our core values include “adaptability.” We take pride in our ability to embrace new perspectives, stay up to date with legal developments, and find innovative solutions for your specific situation.
A Spokane Valley Committed Intimate Relationships Attorney Can Help You Plan and Protect Yourself
One of the best ways to protect yourself in a relationship is to talk to a Spokane Valley committed intimate relationships attorney to learn what precautions you should take when moving in with a partner. Establishing an “exit” plan doesn’t mean you are destined to split up. It just means you are being realistic and preparing for any eventuality.
Creating a Cohabitation Agreement
An attorney can help you draw up a cohabitation agreement, which is a prenuptial agreement, essentially, for couples who don’t plan to get legally married. This document can address how you will handle finances, property division, and other matters if you separate.
Establishing Paternity
You and your partner may have children together or plan to. You may each bring children into the relationship. Under circumstances listed in RCW 26:26A.115, the court makes a “presumption of parentage.” If child custody or support could potentially become an issue, it is important to establish paternity.
We Find Solutions
Washington State has made impressive strides in addressing legal matters relevant to committed intimate relationships, but has not yet covered every issue.
A Spokane Valley committed intimate relationships lawyer from Dellino Family Law can help anticipate your potential needs if you are entering a relationship or protect your rights if your partnership is ending.