27 Mar Palimony Claims for Unmarried Couples in Washington State
You have been living with your partner for years, maybe sharing expenses, raising kids together, building a life—and now the relationship is ending. You were not married, so you are wondering if you have any right to financial support like divorced couples do. This is a fair question, as you have made sacrifices to support each other through the relationship.
Palimony is court-ordered financial support that one unmarried partner may be required to pay the other after a breakup, similar to alimony but without a marriage. Here is what you need to know about palimony claims for unmarried couples in Washington State.
The Reality About Palimony in Washington
Let us get straight to the point: Washington courts do not award palimony.
Washington’s maintenance laws under RCW 26.09.090 apply only to married spouses or registered domestic partners. This means that no matter how long you lived together or how much you contributed to the household, a judge cannot order your ex-partner to pay you ongoing financial support.
This might seem unfair, especially if you put your career on hold to care for children or manage the household while your partner advanced professionally. But that is the current state of the law.
What You Do Have: Property Rights
While Washington does not recognize palimony, it does offer protection through something called a Committed Intimate Relationship, or CIR. Courts define a CIR as a stable, marital-like relationship where both parties live together knowing they are not legally married.
Here is what matters when determining if you had a CIR:
- How long did you live together? Courts have recognized relationships as short as three years, though five years or more strengthens your case.
- Did you pool your resources? This goes beyond just splitting rent. Did you combine finances, purchase property together, or work as a team on joint projects?
- What was your intent? Did you present yourselves publicly as a couple? Were you faithful and committed? Did you work through problems together?
- Did you live together continuously? Extended separations weaken claims of a CIR.
If a court finds that you had a CIR, it can divide property acquired during the relationship just like in a divorce. But remember: This is property division, not ongoing support payments.
The Unequal Division Strategy
Some attorneys argue that property should be divided unequally to compensate for the lack of palimony rights. This approach recognizes that one partner may have greater financial need going forward. While not guaranteed, it is a strategy worth discussing with your attorney.
Your Best Protection: A Cohabitation Agreement
A cohabitation agreement can specifically address financial support after a breakup. This is basically a prenup for unmarried couples. You and your partner can agree in advance how you will handle finances if you separate, including whether one partner will provide support to the other.
These agreements work because courts treat them as contracts. Both parties sign voluntarily, and courts will enforce them accordingly.
Looking Forward
While Washington State does not currently recognize palimony claims for unmarried couples, you are not without options. Property division through CIR doctrine provides some financial protection, and a well-drafted cohabitation agreement offers even more.
The key is acting quickly and getting experienced legal guidance that addresses your specific situation. Contact LaCoste Family Law to speak with an experienced common law marriage attorney today.