Can you change your mind and reconcile after separating?
Yes, but the timing matters. Canadian law allows spouses to reconcile after separation. The key rule: if you resume living together for 90 days or less, the original separation date is preserved. If you live together for more than 90 days, the prior separation period is broken and you will need to recalculate your separation date if you separate again.
Key Points
Yes. Canadian law recognizes reconciliation after separation.
The 90-day rule is critical: resuming cohabitation for 90 days or less does not reset your separation date. Resuming for more than 90 days breaks the prior separation period — if you separate again in the future, you will need to recalculate the separation date.
Detailed Answer
Section 8(3) of the Canadian Divorce Act sets out the rule explicitly: a brief resumption of cohabitation (90 days or less) does not restart the clock; resumption beyond 90 days is treated as a genuine reconciliation that interrupts the separation period.
The separation date directly affects: the valuation date for property division, when the one-year clock to file for divorce starts, and the scope of a separation agreement. These are significant financial implications.
Keep evidence of your separation date — texts, emails, and separate bank accounts. If you have briefly reconciled and then separated again, consult a lawyer promptly to confirm whether your separation date needs to be re-established.
For the full explanation, read: Separation vs. Divorce in Canada: Key Legal Differences. Contact Miao He at 647-930-6688 to book a consultation.
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