Table of Contents
What You Need to Know
Legal Separation for Unmarried Couples
Breakups are brutal—even if you didn’t technically get married. That’s likely what you always told each other. That the reason you never got married was because you made a conscious decision not to. Marriage is just a piece of paper, right? Technically yes, but no matter what, now that your once love story is in the process of a massive rewrite, it’s time to assess your breakup from a legal standpoint.
If you never got married and now you’re asking: “What are the implications of this breakup?” The DuBois Levias Law Group is here for you. We answer complicated questions that uniquely impact unmarried couples, and help you divide up your shared life with dignity.
Rethinking Labels
You might not have chosen the label of “wife” or “husband,” but there is a designation you could fall under in the state of Washington. It’s called a “Committed Intimate Relationship” (CIR) and it zeroes in on equitable property division for longtime partners. This label applies to couples of any gender or framework, if the relationship checks off set legal criteria.
Protecting Your Assets
In Washington state, couples in CIRs could have their property divided as though it were community property. The law does treat a CIR slightly differently from a marriage, however. Try to seek legal counsel before you terminate a long-term relationship to protect what you acquired together over the course of your cohabitation.
Considering Your Kids
Child custody and child support laws work the same with unmarried couples as they do with their married counterparts. Washington state courts recognize the importance each parent plays in a child’s life regardless of whether or not the parents have entered into a formal relationship.
Count on a Law Firm that Knows the State You’re In.
For unmarried couples, Washington is an unusual state with atypical laws. For example, cross out the concept of “common law marriage” and write in “committed intimate relationship.” We know the ins and outs of fair legal separation for any couple dynamic here. If you’re in a long-term situation of any sort, contact legal counsel now to make the best break of it.
Committed Intimate Relationships
Even when unmarried, when you’re getting out of a relationship in the state of Washington, you need to look at the legal possibility that you’re in a Committed Intimate Relationship. Washington courts sum up a CIR as a “stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist.”
Our Experience
Case Concerns: Statute of Limitations
The end of a marriage contract is legally clear. What about the end of a committed relationship? Washington law provides a three-year statute of limitations for bringing legal action for property division after the end of a CIR. Act promptly.
FAQ
I didn’t get married for a reason, why is Washington treating us like we did?
We hate to break it to you, especially while you’re in the thick of a breakup, but Washington state has a legal technicality called “Committed Intimate Relationship” (CIR). It’s really set up to protect the interests and outlook of both people in a, well, a committed intimate relationship. “Just and equitable” is the literal letter of the law. This means joint assets can be divided. Does your couplehood meet the criteria of a CIR? Here’s more on committed intimate relationships.
Wait, does this mean spousal maintenance?!
Nope. Unmarried couples in Washington are not eligible for alimony or attorney fees. However, shared assets, especially those acquired during the relationship, can be up for division. Of course, the needs and wellbeing of your children are always relevant, no matter what your couple status. This includes child support.
I really want to live with my partner, but really want to protect myself. How?
You can experience a beautiful life partnership while enjoying clear and fair boundaries. We can refer you to lawyers who can draft a Cohabitation Agreement for you. This is a smart consideration for any unmarried pair with investments, inheritance, or property who want to live together.
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