# 2013-019 Pay and Benefits, Separation Expense (SE)

Case Summary

F&R Date: 2013–04–22

The grievor, posted while in the midst of divorce proceedings, applied to be paid separation expenses between his posting date and the issue date of his divorce certificate. The grievor's application was denied and he filed a grievance.

The grievor claimed that he was entitled to the allowance since he was still legally married during the period in question and had continued to fulfil his parental responsibilities. There was no decision by the iIitial Authority in the case, since the grievor refused to grant the Director General Compensation and Benefits a third deadline extension.

The Board's review of the grievance showed that the grievor had consented to request the divorce and entrust the care of his children to his ex-spouse under the terms of an agreement on corollary measures, which preceded the posting.

Compensation and Benefits Instruction 209.997(2) stipulates that the purpose of separation expenses is to compensate CF members for supplementary expenses arising from the fact that they are separated from their dependents. Since the grievor had requested the divorce and agreed to entrust the care of his children to his ex-spouse, the Board concluded that the grievor no longer had any dependents as of the date of signing of the agreement on corollary measures. According to the Board, entitlement to separation expenses requires more than the mere existence of a marital or parental connection between a member and his loved ones.

The Board recommended that the Chief of the Defence Staff deny the grievance and order the recovery of all separation expenses paid to the grievor after the date of signing of the agreement on corollary measures.

CDS Decision Summary

CDS Decision Date: 2013–07–10

The CDS agreed with the Board's findings and recommendation that the grievance be denied.