Does Washington Recognize Common Law Marriage?

If you’ve lived with a partner in Washington for years, shared finances, and built a life together, you might wonder—are we considered married under common law? While Washington does not recognize common law marriage, the state does offer legal protections for couples in long-term relationships through a legal doctrine known as a committed intimate relationship (CIR). Understanding how this doctrine works can help you protect your rights when relationships end or disputes arise.

What Is Common Law Marriage, And Is It Recognized In Washington?

No, Washington does not recognize common law marriage. Unlike some states, Washington has never adopted common law marriage, regardless of how long a couple has lived together. That means cohabiting couples are not considered legally married unless they’ve gone through a formal marriage process. However, this doesn’t mean unmarried couples are left without legal options.

What Is A Committed Intimate Relationship (CIR)?

A Committed Intimate Relationship (CIR) is a legal concept that allows courts to divide property between long-term, unmarried couples when they separate. Washington courts developed the concept of committed intimate relationships to address property disputes between unmarried partners who lived like spouses. It is not the same as marriage, but it can provide similar rights when it comes to asset division. Courts look at factors like the length of the relationship, whether you cohabitated continuously, shared finances, or presented yourselves as a couple.

How Do Courts Determine A Committed Intimate Relationship?

There’s no exact formula, but courts consider several key factors.

Washington courts examine:

• How long have you lived together

• Whether you pooled finances or property

• Whether you intended a marriage-like relationship

• How you presented yourselves to others

Each case is unique, so outcomes vary. The longer and more financially intertwined your relationship, the more likely a court will recognize it as a CIR.

Do Unmarried Couples Have Rights In Washington State?

Yes, especially in property division—but rights differ from those of married couples.

Unmarried couples may have the right to:

• Equitable distribution of jointly acquired property

• Protection through domestic partnership laws (in limited cases)

• Parenting rights if they share children

However, unlike married couples, there’s no automatic entitlement to spousal support or shared benefits. It’s wise to draft cohabitation or property agreements to clarify rights early on.

How Does CIR Affect Property Division?

Courts aim to fairly divide property acquired during the relationship.

If a CIR is established, courts can equitably distribute assets and debts acquired during the relationship, just as they would in a divorce. This includes:

• Real estate

• Shared bank accounts

• Joint debts

• Business interests

Property owned prior to the relationship generally remains separate, unless there was significant commingling.

Can You Protect Yourself With A Legal Agreement?

Yes, cohabitation agreements are an effective way to define rights and avoid disputes.

A cohabitation agreement outlines how assets, debts, and responsibilities will be handled in the event of a breakup. It’s especially useful for couples who live together but do not plan to marry. Having this agreement can save time, money, and conflict down the road.

Conclusion

Understanding spousal support in Washington can be the key to managing your financial future after divorce. By familiarizing yourself with the types of spousal support, the factors courts consider, and the potential duration of payments, you’ll be better equipped to approach your case with confidence. Modern Family Law is here to help answer your questions and support you every step of the way.

Have more questions about spousal support in Washington?

Modern Family Law

Spousal support can be one of the most contentious aspects of divorce, but it doesn’t have to be overwhelming. At Modern Family Law, we specialize in helping individuals navigate the complexities of spousal support and other divorce-related matters. Our experienced attorneys are here to guide you through the process, ensuring you understand your rights and options.