As of May 2026, the federal Divorce Act includes a “90-day rule.” This allows an Ontario couple to attempt a reconciliation and live together for up to 90 days in total without resetting their mandatory one-year separation clock. If you stay together for 91 days, the one-year separation period resets to zero.
Separation is rarely a clean break. The end of a marriage is fraught with emotional complexities, and it is entirely common for separated couples in cities like Brampton, Kingston, or Kitchener to reconsider their decision. Sometimes, counseling helps bridge the gap, or the harsh realities of living apart prompt a desire to give the marriage one last try. Moving back in together is a profound emotional step, but it also carries significant legal implications.
Canadian family law actively encourages couples to reconcile if possible. 👭 Because a divorce cannot be finalized until you have been separated for one full year, the law provides a “safe harbour” period to test the waters of reconciliation without heavily penalizing you if things do not work out. This guide will walk you through the “90-day rule” under the Divorce Act, how to protect your assets if you attempt to reconcile, and what happens to your legal agreements if you move back in.
Step-by-Step Process for Attempting Reconciliation in Ontario
Reconciling requires careful tracking and honest communication, especially if lawyers are already involved. If you decide to move back into the family home, you must be aware of how this impacts the timelines for your divorce and your property division under the Family Law Act.
Step 1: Documenting Your Initial Date of Separation
Before any reconciliation can happen, you must have a clear, agreed-upon Date of Separation. This is the date the one-year countdown for your divorce began. In Ontario, this date also freezes your family property values for the purpose of Equalization. You should have this date confirmed in writing, either via a simple email exchange with your spouse or formalized by your family lawyers.
Step 2: Tracking the 90-Day Reconciliation Window
Under the Divorce Act, you can resume cohabitation with the primary purpose of reconciliation for a period of up to 90 days. ⚠ Crucially, this 90-day allowance can be broken up into smaller segments. For example, you could live together for 30 days, separate again, and later attempt another 60 days. You must keep a strict calendar of the exact days you lived together as a couple. If you hit 91 days of living together, the law considers you fully reconciled, and your one-year separation clock is completely erased.
Step 3: Pausing Existing Litigation
If you have already filed court documents at the Superior Court of Justice, or if your lawyers are actively negotiating a separation agreement, you must inform them immediately. Your family lawyer can file a temporary pause (a stay of proceedings) or simply hold off on drafting further documents. This saves you thousands of dollars in legal fees while you focus on determining the future of your relationship.
Step 4: Considering a Post-Nuptial Agreement
If the reconciliation is going well, you may decide to stay together permanently. At this stage, many couples choose to draft a Post-Nuptial Agreement (sometimes called a Marriage Contract in Ontario). This contract outlines how your assets, debts, and spousal support will be handled if the marriage breaks down again in the future, providing peace of mind and clear boundaries moving forward.
Step 5: Resuming the Clock or Cancelling the Divorce
If the reconciliation fails before the 90 days expire, you simply resume living apart. 📍 The days you spent together do not count toward your one year, but you do not lose the separation time you accumulated beforehand. If the reconciliation is successful and you stay together beyond 90 days, you simply notify your lawyers to formally withdraw any pending divorce applications and close the legal file.
How Much Does it Cost in Ontario?
Attempting a reconciliation can either save you a fortune in trial fees or require minor investments in new legal contracts to protect your future. Here is a look at potential costs in Canadian dollars (CAD) as of May 2026.
| Service / Scenario | Estimated Cost (CAD) | Details |
|---|---|---|
| Pausing a Court Case | $200 – $500 | Lawyer fees to notify the court and pause litigation. |
| Couples Counseling | $150 – $250 per hour | Private therapy to aid in the reconciliation process. |
| Drafting a Post-Nuptial Agreement | $2,000 – $5,000+ | To protect assets if the relationship ultimately fails. |
| Independent Legal Advice (ILA) | $400 – $800 | Required for both spouses to validate a new contract. |
| Withdrawing a Divorce Application | $0 (Court Fee) | No court fee to withdraw, but lawyer hourly rates apply. |
How Long Does the Process Take?
The timeline for reconciliation is strictly bound by the 90-day total limit under the Divorce Act. If you try to reconcile for 40 days, realize it is not working, and separate again, you have 50 days left of your “safe harbour” limit for future attempts. If you never exceed the 90 days, your overall wait time to file for divorce remains 12 months of actual time lived apart.
Frequently Asked Questions (FAQ)
What happens to our signed Separation Agreement if we reconcile?
Generally, under Ontario common law, if a couple fully reconciles and resumes their marital relationship indefinitely (past the 90-day mark), their prior Separation Agreement becomes legally void, unless the agreement contains a specific clause stating it remains valid even after reconciliation.
Does going out for dinner or spending the night count towards the 90 days?
No. Casual dates, spending the night together, or going on a family vacation do not automatically constitute a “reconciliation.” The law requires an actual intention to resume living together as a married couple and sharing domestic life.
What if we hit 91 days of living together and then break up?
If you cross the 90-day threshold, the court considers your marriage fully restored. If you break up on day 91, your separation clock resets to zero. You must now wait a full 12 months from this new separation date before you can apply for a divorce.
Can we use the 90 days to just test living in the same house as roommates?
No. The 90-day rule specifically applies to living together with the primary intention of restoring your romantic, marital relationship. You can legally be separated while living in the same house indefinitely, provided you sleep in different rooms and separate your finances entirely.
Do we have to tell the court we tried to reconcile?
Yes. When you eventually file your Affidavit for Divorce, there is a specific section where you must swear under oath whether there is any possibility of reconciliation, and you must disclose if you attempted to reconcile and for how long.
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