What Happens If You Reconcile After Filing for Divorce in Ontario?

Filing for divorce isn't always the end of the story. Some couples file, then decide to try again, and then need to figure out what that means for the application already sitting with the court. The Divorce Act actually anticipates this: it treats a short attempt at reconciliation differently from simply giving up on the separation altogether.

Here's how that distinction generally works, and what to do if you find yourself in this situation.

Short Reconciliation Attempts vs. Getting Back Together

Separation for divorce purposes isn't just about living in different homes — it also requires an intention to end the relationship. Recognizing that couples sometimes try to work things out before giving up for good, the Divorce Act allows for a brief period of resumed cohabitation aimed at reconciliation, without that attempt automatically wiping out the separation period you had already built up. There's a limit on how long that kind of attempt can last before it's treated as restarting the separation clock rather than pausing it. The exact length of that window is set out in the Act, and you should confirm the current rule with a lawyer rather than assume a specific number of days.

If, on the other hand, you and your spouse genuinely get back together on an ongoing basis — not just a brief attempt — the legal basis for your application, that the marriage has broken down, may no longer hold.

What Happens to Your Application

• If reconciliation is brief and doesn't work out: your separation may be treated as continuous, and your application can generally proceed on its original basis — but confirm this with a lawyer given the timing rules involved.
• If reconciliation is genuine and ongoing: the marriage may no longer meet the legal test for breakdown, and continuing the application isn't appropriate. Most couples in this position withdraw the application rather than let it proceed.
• If you're unsure which situation you're in: treat it as a live legal question, not a formality. The timing and nature of the reconciliation attempt matters to the answer.

If the Divorce Order Has Already Been Granted

Reconciling after a divorce order has been granted is a different situation entirely from reconciling while the application is pending. Once a divorce has been finalized, reconciling afterward doesn't automatically undo it — you would remain legally divorced unless you remarried each other. This is worth knowing before assuming that getting back together simply reverses a completed divorce.

What This Doesn't Automatically Undo

Reconciliation, brief or otherwise, doesn't automatically unwind anything you and your spouse already agreed to in writing. If you signed a separation agreement addressing property, support, or parenting arrangements before attempting reconciliation, that agreement doesn't disappear just because the divorce application pauses or gets withdrawn — it may need to be revisited deliberately, with legal advice, rather than treated as void. The same is true in reverse: if reconciliation doesn't work out, don't assume old arrangements automatically snap back into place without being reviewed against your current situation.

Practical Steps If You're Reconsidering

1. Talk to your spouse honestly about whether this is a genuine reconciliation or a trial period.
2. Tell your lawyer, if you have one, as soon as possible — timing affects your options.
3. Don't assume the application will simply sit indefinitely; if reconciliation is genuine, withdrawing it properly avoids confusion later.
4. If the reconciliation doesn't work out, get advice on whether you can continue with the original application or need to start again.
5. Keep records of key dates: when you resumed living together, and when, if it happens, you separate again.

Frequently asked questions