What happens to the separation period if we try to reconcile but it doesn't work out?

The Divorce Act has a built-in allowance for reconciliation attempts. If you and your spouse resume cohabitation within the one-year separation period with the genuine intention of reconciling, the clock is paused — but not automatically restarted. If the reconciliation attempt lasts 90 days or less and fails, the cohabitation period is not counted as a break in your separation, and you can pick up where you left off. Your total separation time before and after the attempt still counts toward the one-year requirement.

If the reconciliation attempt lasts more than 90 days, the separation period is considered to restart from zero. In that case you would need to separate again and accumulate a fresh one-year period before the divorce can proceed.

This provision is designed to encourage couples to try to repair their relationship without the fear that any attempt at reconciliation will permanently delay their ability to obtain a divorce. If you are not sure whether a period of cohabitation will affect your one-year clock, tracking the dates carefully and consulting a family lawyer can help clarify where you stand.