Legal Considerations for Unmarried Couples Facing Divorce and Custody Issues in Washington

When unmarried couples separate in Washington, they don’t follow the same legal playbook as spouses ending a marriage. There’s no divorce decree to wrap up property, no automatic community-property rules, and no spousal maintenance by default. Yet custody, support, housing, and money still have to be sorted out, often quickly. This guide unpacks how Washington’s laws treat these breakups, what “committed intimate relationship” (CIR) doctrine means for property, and how unmarried parents can secure parenting plans and support while keeping conflicts manageable.

How separation laws differ for unmarried couples in Washington

Washington law distinguishes clearly between married spouses and unmarried partners. When spouses separate, the dissolution statutes govern property division, spousal maintenance, and parenting plans in one proceeding. Unmarried Couples, by contrast, navigate a set of overlapping, but different, legal frameworks.

Key differences include:

• No divorce or legal separation action: Unmarried partners don’t file for “divorce.” Instead, they may bring a civil action to resolve property under Washington’s “committed intimate relationship” (CIR) doctrine and, if there are children, a parentage/parenting case to address custody and support.
• No automatic community property: Washington’s community property rules (which apply to marriages) do not automatically apply to unmarried partners. That said, courts can equitably divide property acquired during a CIR.
• No spousal maintenance by default: Courts don’t award ongoing “palimony” absent a contract or specific equitable claims. Child support remains available regardless of marital status.
• Separate paths for children and property: Parenting plans and child support arise under parentage and family-law statutes (including RCW 26.26A and RCW 26.19), while property issues are addressed through CIR case law and equitable remedies.
• Protection orders remain available: If safety is a concern, Washington’s consolidated civil protection order statute (RCW 7.105) provides for domestic violence, stalking, and other orders whether parties were married or not.

In practice, an unmarried couple might file a parentage/parenting case to set residential schedules and support, plus a separate civil action (or combined claims where appropriate) to address property acquired during the relationship. Courts have discretion to manage timing so families aren’t litigating the same facts twice.

Property division and financial disputes outside traditional marriage

Property disputes for unmarried couples typically turn on Washington’s committed intimate relationship (CIR) doctrine, developed through cases such as Connell v. Francisco. The court evaluates whether the relationship was a stable, marriage-like partnership. Relevant factors often include continuous cohabitation, relationship duration, pooling of resources, the parties’ intent, and the purpose of the relationship. No single factor is decisive.

If a CIR is found, the court may equitably divide property acquired during the relationship. Important nuances:

• Title isn’t everything: Property titled in one partner’s name can still be partly or wholly divisible if acquired by the couple’s joint efforts during the CIR.
• Separate vs. jointly acquired: Assets owned before the relationship, inheritances, and gifts to one partner generally remain that partner’s separate property, unless clearly commingled in ways that make tracing impractical.
• Debts count, too: Debts incurred for the couple’s mutual benefit during the CIR can be allocated equitably, not necessarily 50/50.
• Equitable tools: Courts may impose constructive trusts, equitable liens, or restitution to correct unjust enrichment when one partner walks away with a disproportionate benefit.

Contracts can simplify this. Enforceable cohabitation or property agreements let unmarried couples decide in advance how to handle purchases, home equity, bank accounts, and even limited support obligations. Clear documentation, purchase agreements, mortgage applications, bank records, and written understandings, often drives outcomes.

By contrast, “palimony” in the sense of ongoing support without marriage is not a default remedy in Washington. Ongoing support requires an enforceable agreement or a specific equitable basis. Where no contract exists, financial remedies focus on fair division of jointly acquired property and preventing unjust enrichment.

Timing matters, too. Claims usually arise when the relationship ends, and delay can complicate tracing and valuation. Partners who believe a CIR exists often preserve records promptly and consider interim measures (like agreements about who will pay the mortgage) to prevent avoidable losses.

Child custody arrangements and parental rights for unmarried partners

When children are involved, unmarried parents resolve custody through a parenting plan, not through a divorce decree. Washington applies many of the same child-centered principles regardless of marital status.

Core steps and concepts:

• Establish parentage: Legal parentage may be established by a Voluntary Acknowledgment of Parentage (often signed at the hospital) or by court order under Washington’s Uniform Parentage Act (RCW 26.26A). Genetic testing may be part of the process where parentage is disputed.
• De facto parentage: Nonbiological parents can, in certain circumstances, be recognized as de facto parents (codifying principles from cases like In re Parentage of L.B.). This requires proof of a fully parental relationship with the child and is now addressed in RCW 26.26A.440.
• Parenting plans: Once parentage is set, the court issues a parenting plan allocating residential time and decision-making (education, medical care, religious upbringing). The touchstone is the child’s best interests, which look to factors like caregiving history, each parent’s emotional ties, and the child’s needs.
• Child support: Support is calculated under Washington’s child support schedule (RCW 26.19) based on each parent’s income, with add-ons for health insurance, uninsured medical costs, and work-related childcare. Support is enforceable regardless of parents’ marital status.
• Temporary orders: Courts commonly issue temporary parenting plans and temporary child support early in a case to stabilize the situation while final orders are negotiated or litigated.
• Mobility and relocation: If a parent plans to move, Washington’s relocation laws require notice and outline how courts balance the child’s stability with a parent’s legitimate need to relocate.
• Third-party caregiving: If neither parent can safely care for the child, relatives sometimes pursue minor guardianship under RCW 11.130.

Practical reality: unmarried couples often have fewer built-in documents (no marriage certificate, no joint tax filings), so clean paper trails help, acknowledgments of parentage, school and medical records identifying caregivers, and consistent schedules. For official Washington court forms, many readers instinctively look for a “Click here” download prompt: the safer approach is to use the Washington Courts forms portal and confirm the site is a .gov domain.

What legal remedies exist when conflicts escalate?

When cooperation breaks down, Washington courts can intervene quickly, especially to protect children and property.

Available remedies include:

• Parentage and parenting actions: A party may file to establish parentage, request a parenting plan, and seek temporary orders on residential time and decision-making.
• Child support orders: Temporary and final child support can be set early, with wage withholding, health insurance provisions, and enforcement tools for nonpayment.
• Protection and restraining orders: Under RCW 7.105, courts can issue domestic violence, sexual assault, stalking, and other civil protection orders. Family-law courts can also issue temporary restraining orders to prevent harassment, keep the peace, or maintain the status quo (for example, preventing the sale of a shared home).
• Property preservation: In CIR disputes, courts may enter orders to preserve assets, including injunctions, lis pendens to flag title issues on real property, or other equitable relief to prevent dissipation while the case proceeds.
• Contempt and enforcement: Violations of parenting plans, support orders, or protection orders can trigger contempt findings, makeup time, monetary sanctions, and attorney fees when authorized by statute.

Because multiple remedies can overlap, well-sequenced filings matter. Parties often start with temporary orders for stability, then move toward settlement or trial once disclosures and valuations are complete.