In Washington state, living together in what’s legally described as a committed intimate relationship (CIR) rather than getting married has become increasingly common. For some, the decision is based on personal preferences and practicality, while for others, living together offers freedom and flexibility without legal, societal, and religious obligations.
In some ways, a committed intimate relationship can be a test drive for marriage, allowing couples to evaluate compatibility before making a legal commitment. Some couples may also opt for cohabitation for financial reasons, as it can offer economic benefits such as the opportunity to share living expenses and receive certain tax advantages, depending on the individuals’ situations.
With this in mind, if you are considering a committed intimate relationship and want to learn more about it, including what protections you may be entitled to by law, read on. If you have questions about your unique circumstances, speak with a Seattle family law attorney. In the meantime, here are five facts about committed intimate relationships in Washington state that can help you decide if cohabitation outside of marriage is right for you.
1. Washington created the committed intimate relationship (CIR) designation for important public policy reasons.
Historically, unmarried couples faced significant legal challenges regarding property rights and inheritance. For example, if one partner passed away, the surviving partner often had no automatic claim to their deceased partner’s assets or their shared residence. Similarly, in cases of a dissolution of the relationship, one partner could potentially seize all of the couple’s possessions, leaving the other partner financially vulnerable.
Recognizing these disparities and the inherent risks involved, Washington state introduced the Committed Intimate Relationship (CIR) for public policy reasons. First and foremost, 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.
CIRs can prevent the devastation that can come with losing everything in the aftermath of a partner’s death or a breakup. Its purpose is to give both partners rights to property and assets acquired during their committed partnership, offering security and stability in times of transition.
2. Unmarried couples have rights irrespective of sexual orientation.
While couples in a committed intimate relationship (CIR), irrespective of sexual orientation, may not enjoy the same legal rights as married spouses when it comes to ending their relationship, they may still have financial and property interests in need of protection. A CIR could offer both partners an opportunity for an equitable division of shared assets acquired during their time together, given that most assets accumulated during a relationship would be considered community property.
On another note, individuals in CIRs typically aren’t automatically entitled to spousal maintenance. Creating a legally binding cohabitation agreement outlining terms for financial support, should the partners separate, can help.
3. There are distinct ways to prove you are in a committed intimate relationship.
Washington courts must formalize a committed intimate relationship (CIR). In other words, a judge must determine, based on specific evidence, whether a CIR exists between two partners. This requirement underscores the importance of maintaining documentation of a CIR’s existence.
For a Committed Intimate Relationship (CIR) to be recognized by a Washington court, both parties must first meet certain criteria, such as being of legal age, mentally competent, and not currently being married to someone else. Once these basic requirements are satisfied, the court will examine other factors to decide if the relationship is indeed a committed intimate relationship under the law.
To that end, the length of the relationship plays a role. While there’s no defining timeframe, a longer relationship strengthens the case for a CIR’s existence. Typically, couples in CIRs should demonstrate continuity of cohabitation.
The court will also evaluate the continuity of the relationship, considering whether the couple maintained a consistent partnership without significant interruptions. The court may examine whether the individuals dated others or went through temporary separations.
Additionally, the court may examine whether the couple has taken steps toward creating a marriage-like relationship. These actions may include raising children together, having children, using a shared surname, purchasing property together, including each other in estate planning, or merging their finances.
These actions demonstrate the level of dedication and mutual investment a couple makes when involved in a CIR. Cumulative factors ultimately guide the court’s decision regarding the legal status of their relationship.
4. A domestic partnership differs from a committed intimate relationship.
Since the federal recognition of same-sex marriage, domestic partnerships in Washington have become less common. However, registering as domestic partners still grants couples various legal rights and obligations similar to those of married couples under Washington state law.
A couple that would like to register as a domestic partnership in Washington state must meet the following criteria:
- Both partners have the legal capacity to consent to a domestic partnership.
- Neither partner is married or involved a domestic partnership currently.
- Partners are not closely related by blood.
- The couple lives together.
- One partner is at least 62 years of age.
- The other partner is at least 18.
It’s important to recognize that while registered domestic partnerships offer certain privileges at the state level, they do not afford the same rights and responsibilities as marriage under federal law. A Seattle family law attorney can advise you further on whether it is advantageous to register a relationship as a domestic partnership in Washington state.
5. A Seattle family law attorney can help protect the rights of those in a committed intimate relationship.
Cultural shifts and changing attitudes toward marriage have led many singles to view cohabitation as a viable alternative to traditional matrimony. Living together allows couples to prioritize their relationship without conforming to societal norms or expectations, hence its popularity for couples of all ages. For individuals who have gone through a divorce or have reservations about the institution of marriage, cohabitation also offers a way to participate in a committed partnership without as much fear of a potentially costly or emotionally taxing legal process in the event of a breakup.
At Elise Buie Family Law, we understand that although the significance of marriage as a social institution has diminished for some, the desire for companionship and intimacy remains strong. Ultimately, deciding to live together rather than marry will depend on individual circumstances and values. Our team of Washington state family law attorneys is here to support you based on your circumstances. Call our Seattle office today.
