MFRC Separation and Divorce - Resources to help you navigate one of life's most stressful events

FAQ

• Why should I/we consider counselling?
  Counselling should be considered when there is a need or desire to maintain a relationship or contact. Even if a couple is separating or divorcing, counselling can assist, especially if children or child care decisions are to be made. Counselling can be obtained through the MFRC, Base Hospital/Social Work Office, Member Assistance Program (MAP), Family Services of Greater Victoria and the Family Information Line.
  
  
  
  
   
   
• When should I/we consider mediation?
  Mediation is a process of dispute resolution in which both parties voluntarily meet with a mediator, an impartial third party to obtain assistance with decision making regarding issues such as care of the children, finances and property. Mediated solutions are often resolved quicker than proceeding with a court process. There is also a higher success rate with reaching an agreement and a mediator can give you legal information. Costs for mediation services are shared by both parties and vary according to the number of meetings required. Mediation may not be an option for those experiencing family violence.
  
   
   
• I can’t afford a lawyer. What can I do?
  Legal Aid provides legal advice and representation when a client cannot afford a lawyer. Most CAF members or families may not qualify for legal aid due to family income. Contacting the Victoria Justice Access Centre with any family law issues including the need for legal representation may be beneficial.
  
   
   
• What is a separation agreement?
  Separation agreements are documents created between partners to address the major issues arising out of a separation. Such issues could include guardianship, parenting time, child and spousal support and the division of property. Ideally, you should obtain legal assistance with creating this document from a lawyer, family justice counsellor or mediator.
  
   
   
• Common-Law Relationships and the Canadian Armed Forces (CAF)
  The Canadian Armed Forces recognizes benefits to common-law partners after one year of residing together. Both partners must inform their unit orderly rooms of their intention to sign common-law recognition papers. At the time of signing this document, both partners must prove a shared address; documents such as a lease agreement or utility bill would suffice. If separation or divorce occurs, it is advisable to consult a legal advisor or lawyer.
  
   
• Health and Dental Plan Coverage
  Health and dental plan coverage can be continued without interruption for all family members, when there is an amicable separation, separation agreement or court order for any eligible recipients (children or former partners). The military member designates who his/her dependents are when separated from a partner. Please call toll-free at 1-855-415-4414 for information about health and dental care plan coverage through Canada Life.
   
• Residential Housing Units (RHU’s)/Base Housing
  If you separate or divorce, it is suggested the military member and family member contact the Canadian Forces Housing Agency (CFHA) at 250-363-4994 for information. Regardless of who occupies the RHU after separation or divorce, the military member retains responsibility for the home, including payment of rent.
   
   
• Pension Income
  The Pension Benefits Division Act (PBDA) permits the division of benefits between a military member of the federal pension plan and a partner when a marriage or common-law relationship ends. Pension funds can also be accessed to support alimony or maintenance orders through the Garnishment, Attachment and Pension Diversion Act (GAPDA). Negotiation of family assets, including pensions, should be discussed with a legal advisor or lawyer.
  
  
   
• Moving to Another Area
  Department of National Defense (DND) does not provide financial and/or other types of assistance with moving a spouse experiencing separation/divorce.
  
  
   
• Military Family Resource Centres (MFRCs)
  If you have any questions about what services are available to you and your family while experiencing separation or divorce, consider contacting the MFRC for additional supports/services.
   
   
• Self Care
  Self care can be challenging at this time. It is important to practice when you can to relieve stress and learn to adopt healthier ways of living. Some healthy components of self care could include a supportive network of friends and family, exercise and nutritious foods. Consider balancing the mind and body through reflective processes such as counselling, meditation, yoga or other mindful and helpful activities.