Author Topic: Common Law Marriage in the Canadian Forces - Mega Thread  (Read 157116 times)

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Offline George Wallace

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Re: common law wives/ girlfriends
« Reply #50 on: May 01, 2009, 08:41:56 »
I thought that there were regulations against "renting out" PMQs or parts of, by tenants.  I am sure that somewhere in the fine print of the "agreement' signed when the occupant took possession of the PMQ that there would be such a clause.
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Offline PMedMoe

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Re: common law wives/ girlfriends
« Reply #51 on: May 01, 2009, 08:43:56 »
I'm not sure that there are regulations against renting out rooms in a PMQ (feel free to correct me), however, I'm pretty sure that you have to get permission (from CFHA?) and sign a waiver stating that you are responsible for the tenants' actions.
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Offline airmich

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Re: common law wives/ girlfriends
« Reply #52 on: May 01, 2009, 08:50:47 »
Conditions of Occupancy

I took a quick scan through it and didn't see anything on renters, just on 'guests'.  But even if there was a regulation, I'm sure there are ways around it like declaring the person is gf/bf, relative etc.  Although given the prices in Cold Lake, who could blame people for trying to get a few of their bucks back!
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Offline SupersonicMax

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Re: common law wives/ girlfriends
« Reply #53 on: May 01, 2009, 08:51:26 »
AFAIK, the only thing you can't do it rent it an live somewhere else.  To do that, you have to go through CFHA.  When you take possession, you are required to provide a list of who is going to live with you in the Q.  There was no problem whatsoever in Kingston to put my then girlfriend on it (even though technically, I'm "renting it out" to her).

Offline armywife/cadetmom

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Re: common law wives/ girlfriends
« Reply #54 on: May 01, 2009, 10:10:50 »
Quite the policy!  Since you can't declare common law until you actually live together for a year, that means that it forces a couple to buy or rent off base until they qualify.  Is it set by the base or CFHA?  I'm surprised really, that they can get away with that.

Im sorry, but it makes perfect sense to me when you consider how many Families are on wait lists for PMQ's, and also if you take into consideration how many people "fall in love" on course and get posted, take the GF/BF to the new posting and they dont want to be there.  The relationship dissolves and there is then a single person occupying a Q that a Family could be occupying.  I dont fault the member for this, it happens.  but IMHO, having rules for occupancy makes perfect sense.  Why should a single guy and a few buddys or a 'new love' be given a Q while a guy with a wife and three kids ends up separated from his family because there isnt a Q available?  Im certain down the road when the single guy has a family and needs a Q and is told there isnt one, he will be singing a different tune!

in response to the origional Question, common-law do qualify for a Q. You dont have to be Married. 
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Offline airmich

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Re: common law wives/ girlfriends
« Reply #55 on: May 01, 2009, 15:19:03 »
If you look at the policies for PMQ occupancy, you will see that it is on a first come first served basis.  Single members are eligible for occupying a PMQ.  Family size does come into play if there is a waiting list, and it is then based on Q size.  Unfortunately it happens, a family waiting while a single guy or girl has a place all to themselves.  It might not sound fair to you, but that's the way it works.
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Offline daftandbarmy

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Re: common law wives/ girlfriends
« Reply #56 on: May 02, 2009, 03:13:50 »
Correct me if I'm wrong here but, according to the policy, it would be OK to adopt your bf/gf and live in PMQs together vs. just shacking up as significant others?

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Offline startbutton

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Re: common law wives/ girlfriends
« Reply #57 on: May 02, 2009, 08:53:27 »
If you look at the policies for PMQ occupancy, you will see that it is on a first come first served basis.  Single members are eligible for occupying a PMQ.  Family size does come into play if there is a waiting list, and it is then based on Q size.  Unfortunately it happens, a family waiting while a single guy or girl has a place all to themselves.  It might not sound fair to you, but that's the way it works.

Most bases have waiting lists.  If there is a Q already occupied by a single person thats one thing, but a Single person wanting a Q this summer in perse Pet or Edmonton, they will find themselves quite low on the list.  CFHA doesnt base it on who applied first, it is by family size.  Ive also known of people being bumped down the list for having dogs.
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Offline PMedMoe

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Re: common law wives/ girlfriends
« Reply #58 on: May 02, 2009, 09:17:51 »
Most bases have waiting lists.  If there is a Q already occupied by a single person thats one thing, but a Single person wanting a Q this summer in perse Pet or Edmonton, they will find themselves quite low on the list.  CFHA doesnt base it on who applied first, it is by family size.  Ive also known of people being bumped down the list for having dogs.

Wow, so not only do they discriminate based on marital status, but also for what kind of pet you have??
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Offline CDNAIRFORCE

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Re: common law wives/ girlfriends
« Reply #59 on: May 04, 2009, 22:52:42 »
   On the other hand, it could be said that the fact that single members (which are referred to in the CFHA policy guide as of April 2007 as "family of one") are allowed to occupy RHU's nowadays (they are no longer called Private Married Quarters anymore due to the fact they are no longer for married members) says that CFHA is not discriminating at all. Here in Cold Lake they have been giving HU's to single members for close to a decade plus surplus ones to RCMP, NPF, DND, and commissionaires. As a single person in an HU, I am not taking up space that could be given to someone with more than one child, as they give the single members either a 2BR bungalow or a 2BR 1.5 story.
    The problem with the people here renting out rooms also stemmed from the fact that military members were renting individual bedrooms of the unit out for rent amounts of much higher than the monthly shelter charge of the HU. (As in: renting 3 rooms out to people at anywhere from 500-1000 per room) The WCom's email to the entire wing had an attachment from the CFHA policy book that clearly stated the monthly shelter charge is to be divided equally by the number of military members living there (In the case of 2 military members living together who are not a service couple. Hence, my roommate and I divide everything 50-50 split.

Offline LukerB

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Re: common law wives/ girlfriends
« Reply #60 on: May 04, 2009, 23:01:30 »
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?

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Re: common law wives/ girlfriends
« Reply #61 on: May 05, 2009, 07:59:00 »
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".
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Offline murrdawg

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Common law spouse issues (merged)
« Reply #62 on: May 05, 2009, 08:37:52 »
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.

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Offline startbutton

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Re: common law wives/ girlfriends
« Reply #64 on: May 05, 2009, 08:49:13 »
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.
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Offline murrdawg

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Re: Common law spouse issues (merged)
« Reply #65 on: May 05, 2009, 09:06:45 »
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?

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Re: Common law spouse issues (merged)
« Reply #66 on: May 05, 2009, 09:11:54 »
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
« Last Edit: May 05, 2009, 09:31:30 by PMedMoe »
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Re: Common law spouse issues (merged)
« Reply #67 on: May 05, 2009, 09:53:24 »

Offline kincanucks

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Re: Common law spouse issues (merged)
« Reply #68 on: May 05, 2009, 10:25:25 »
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.
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Offline Eye In The Sky

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Re: Common law spouse issues (merged)
« Reply #69 on: May 05, 2009, 11:26:06 »
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?

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Offline dapaterson

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Re: Common law spouse issues (merged)
« Reply #70 on: May 05, 2009, 11:39:01 »
QR&O 1.075 defines a common law relationship; CANFORGEN 126/01 also discusses it.
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Offline Eye In The Sky

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Re: Common law spouse issues (merged)
« Reply #71 on: May 05, 2009, 11:49:22 »
ack

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Offline CountDC

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Re: Common law spouse issues (merged)
« Reply #72 on: May 05, 2009, 12:38:38 »
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).



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Offline BobSlob

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Re: Common law spouse issues (merged)
« Reply #73 on: May 05, 2009, 13:24:16 »
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.

Offline jacksparrow

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Re: Common law spouse issues (merged)
« Reply #74 on: May 05, 2009, 15:53:27 »
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.

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