Common Law Marriage in the Canadian Forces - Mega Thread

[LukerB]

There is a new policy here in Cold Lake that only common law partners/wifes are allowed in the PMQs. 

oksun:  to the eyes on the military, marriage/common law is virtually the same thing.

To the eyes of the Criminal Code of Canada, marriage/common law are virtually the same thing as well. Minus a few rules pertaining to testifying in court against your spouse.

airmich: If you lived together for at least a year prior to moving on the military base.. would that not make you common law as well? You are correct though, the Criminal Code states that to be considered in a common law relationship you must live with that person for at least one year.

This is my understanding of it all from a Police Foundation's perspective, as I have only learned about these rules pertaining to the Criminal Code. Does the CF have its own completely different set of rules regarding common law marriage?

 

[PMedMoe]

From the DCBA Aide Memoire:

6. Common-Law Partner

Common-law partner, in relation to a member, means a person who has been cohabiting with the member in a conjugal relationship:

a. for a period of at least one year (or non-continuous period if they are living separately for military reasons); or

b. for a period of less than one year, if the member and the person have jointly assumed the support of a child.

I would assume the "non-continuous" period brings up a lot of questions.  Do they still have to reside together for a year?  I've known people who have had the common-law status declared even though they weren't living together for a full year because one was on a course.  I guess that qualifies as "military reasons".

 

[murrdawg]

Hi there,

I'm a third year OCdt at RMC and am an expecting father in December. Unplanned but expected. I've been with my girlfriend for a little over 6 months now. According to the definition listed about common-law, I've applied for common-law status and waiting for the paperwork to go through. The reason for this is, at what point in the pregnancy is the baby considered a child? Is it as soon as it's known that the girlfriend is pregnant?

I've been verbally approved of the request, not sure how COR is going to handle it though with putting everything together on my medical plan haha. For those of you reading this out of curiosity and looking at housing in a similar boat as myself, PMQ's are 25% of the total household income.

My question would be: Can anyone simplify what my spouse and soon to be child are entitled to on behalf of the military benefits? I'm having a hard time trying to find documentation to say everything we are entitled to. The reason we are wanting to know, is that since the two of us will be "surviving" off of my pay, we could really use the most amount of resources, etc. that are available to us and maximize their use. If anyone can summarize up what the benefits are that they would be allowed to, and possibly some links to support it (so I can bookmark them) it would be GREATLY appreciated.

 

[PMedMoe]

Medical

Public Service Health Care Plan

Dental

Great West Life Insurance

 

[startbutton]

From the DCBA Aide Memoire:



a. for a period of at least one year (or non-continuous period if they are living separately for military reasons); or


I would assume the "non-continuous" period brings up a lot of questions.  Do they still have to reside together for a year?  I've known people who have had the common-law status declared even though they weren't living together for a full year because one was on a course.  I guess that qualifies as "military reasons".

That is pretty much what it means, so long as they can prove that they were living with them before they went on course ect.

 

[murrdawg]

Ok, so now if I'm looking at other things too, like financially, what information should I know besides the fact that I'll keep making what I'm making? Also, is there any entitlement etc, to things such as the gym?

 

[PMedMoe]

Since you are at RMC, I suggest you contact the Kingston Military Family Resource Centre.

11 Paardeburgh Pl.
CFB Kingston
(613) 549-3085

and

Contact:
Reception:613-541-5010 x5195
CSN: 271-5195
Fax: 613-541-4474

 

[PuckChaser]

If you have access to the DWAN, I found this link: http://winnipeg.mil.ca/aft/trgsys/trgspt/TD_posting_guidance/AideMemoire_DCBA_FAQ_e.doc

 

[kincanucks]

Hi there,

I'm a third year OCdt at RMC and am an expecting father in December. Unplanned but expected. I've been with my girlfriend for a little over 6 months now. According to the definition listed about common-law, I've applied for common-law status and waiting for the paperwork to go through. The reason for this is, at what point in the pregnancy is the baby considered a child? Is it as soon as it's known that the girlfriend is pregnant?

I've been verbally approved of the request, not sure how COR is going to handle it though with putting everything together on my medical plan haha. For those of you reading this out of curiosity and looking at housing in a similar boat as myself, PMQ's are 25% of the total household income.

My question would be: Can anyone simplify what my spouse and soon to be child are entitled to on behalf of the military benefits? I'm having a hard time trying to find documentation to say everything we are entitled to. The reason we are wanting to know, is that since the two of us will be "surviving" off of my pay, we could really use the most amount of resources, etc. that are available to us and maximize their use. If anyone can summarize up what the benefits are that they would be allowed to, and possibly some links to support it (so I can bookmark them) it would be GREATLY appreciated.

You can apply for common law if you have a child together not because she is pregnant.

 

[Eye In The Sky]

Hmmm.

CFAO 19-41 Common-Law Relationships was Cancelled - Change 3/09, 2009-04-09.  I searched DAODs..nadda.

Anyone know what is used as the authoritive policy/directive for this now?

 

[dapaterson]

QR&O 1.075 defines a common law relationship; CANFORGEN 126/01 also discusses it.

 

[Eye In The Sky]

ack

 

[CountDC]

Ok, so now if I'm looking at other things too, like financially, what information should I know besides the fact that I'll keep making what I'm making? Also, is there any entitlement etc, to things such as the gym?

financially there is no special entitlements from the military.  When the child is born you could take PATA leave and the military will top off your pay to 93%.  Check with your mess - some have benefits for members and dependants that are hospitalized.  Your taxes could also be decreased as you now have 2 dependants- see your fin clk. Look up the info for child tax benefits - you may qualify - and find out how to get it started.

Gym - you will have to check the local policy.

Budget off your regular pay - do not include such things as PLD or child tax benefits - use these for all the nice to have but not required things if you have to spend it.  Do not count on them to cover your bills as they are not garunteed.  Get posted and you could find PLD disappear and/or child tax benefits reduced.

Best advice I can give:  prepare for mood swings, lots of nights with little or no sleep, hopefully you do not have a weak stomach as there will be lots of diapers and other things, and no matter what the child does always remember - it will get worse  ;D  relax and enjoy (spiked coffee may help).

 

[DonaldMcL]

In regards to the gym,

Once the common-law application has been processed and on your file, head to your local MFRC and have a "spouse card" made. Whole process takes about 5 minutes.

From there, she will be able to access the base gym free of charge.

 

[jacksparrow]

In regards to the gym,

Once the common-law application has been processed and on your file, head to your local MFRC and have a "spouse card" made. Whole process takes about 5 minutes.

From there, she will be able to access the base gym free of charge.

What he said! McMuffin how are you doing fella?  ;D

 

[murrdawg]

Thanks everyone! I'm really absorbing all of this in. I just put in my application for an apartment in today and they told me that they have no room right now, so it's a waiting list game. The girlfriend is 10 weeks into her pregnancy now, so we are trying to collect as much info as we can now, so we have a better idea and better prepared for the birth.

I heard bases aren't equal in regards to looking at common-law. Is this true?

 

[PMedMoe]

I heard bases aren't equal in regards to looking at common-law. Is this true?

I should think not, seeing how the definition comes from a Forces wide authority, not a base.

 

[PuckChaser]

I heard bases aren't equal in regards to looking at common-law. Is this true?

The CF rule is 1 year or when a child is born as per the QR&O. Provinces have different regulations for their common-law status, but most are either 1 year, or 3 years if they even recognize it at all, that may be what people are referring to when they tell you bases aren't equal.

 

[PMedMoe]

The bases are on Federal property, not Provincial, so they must abide by the QR&Os.  Once you are common-law in the military, you're common-law no matter where you get posted, as far as the military is concerned.

 

[CountDC]

Perhaps they are referring to OUTCAN locations?  If you are posted outside of Canada some countries will not recognize your common-law status so will treat her as a single woman.  Could get a bit complicated in some locations.  You will (or at least should) be warned of this if such a posting does happen as part of your briefing.

In Canada - she is your spouse and treated the same as every other military spouse (according to some that is not a good thing  ).