- For property division, living together again for at least 90 days in total within one year, mainly to reconcile, means you are not considered to have separated for property division purposes.
- For divorce, up to ninety days of living together again does not interrupt the one-year separation period, and this is a different rule from the property one.
- Keep dated records of any reconciliation attempt, and get legal advice before you sign an agreement.
You separated, and now you are thinking about giving the relationship another try. Or you tried, and it did not work. Either way, you may wonder whether the time back together changes your separation date, and whether that matters for property, debts or divorce.
In British Columbia, two different rules mention 90 days. They sit in different laws and do different jobs. This article keeps them apart so you can see which one affects which question.
This article covers the law of British Columbia.
Why your separation date matters
The separation date is more than a label. Family debt counts obligations a spouse took on from the start of the relationship until separation, and debts taken on after separation count only if they were incurred to maintain family property.
For unmarried spouses in a marriage-like relationship, the date of separation is when the two-year period starts to run for claims about property division, pension division or spousal support. Married spouses have a different trigger: their period runs from the divorce judgment.
A spouse includes a former spouse under the Family Law Act, so these rights and deadlines can still matter after you have split up.
What counts as being separated
The BC government says there is no such thing as a legal separation. If a couple in a marriage or marriage-like relationship stops living together, they are separated.
You can also be separated while living in the same home. The Family Law Act says spouses may be separated despite living in the same residence, and a court may consider evidence such as one spouse telling the other they intend to separate permanently. Government guidance adds that the intention has to be clearly communicated and acted on.
Rule one: the Family Law Act 90-day rule for property
For property division, spouses are not considered to have separated if, within one year after separating, they begin to live together again with the primary purpose of reconciling and continue to live together for one or more periods totalling at least 90 days. In that case, for property division purposes, you are not considered to have separated. How any later separation is treated depends on your situation, so it is worth confirming with a lawyer.
The exception matters just as much. If the time together totals less than 90 days, or the main purpose was not to reconcile, this rule does not apply and the original separation date stands for property purposes.
There is a second protection. Property division already made by an agreement or order is not affected if the spouses live together again after it was made and then separate again.
Rule two: the Divorce Act 90-day rule for the one-year wait
A divorce in BC requires the spouses to have been separated for at least one year before the court will grant it. Under the Divorce Act, breakdown of the marriage is established if the spouses have lived separate and apart for at least one year immediately before the divorce is decided.
The Divorce Act says a period of separation is not interrupted by resumed living together totalling no more than ninety days. So a short attempt at reconciling does not restart the one-year clock.
| Question | Family Law Act s.83(1) | Divorce Act s.8(3) |
|---|---|---|
| What it affects | Property division | The one-year separation for divorce |
| The 90 days | At least 90 days together, mainly to reconcile, within one year of separating | No more than ninety days together does not interrupt the year |
| Effect | You are treated as not having separated | The separation period continues |
Notice that one rule looks for at least 90 days and the other protects up to ninety days. Spending, say, a few weeks back together could leave the divorce clock intact while also not triggering the property rule. Do not assume that one rule's result carries over to the other.
What to do next
- Write down the date you first separated and how you communicated it, especially if you stayed under one roof.
- Note the date you moved back in together and the date it ended, and what you each said the purpose was.
- Keep messages, emails or other records that show the intention to reconcile or to separate.
- Check the dates against the relevant deadlines, since unmarried spouses have two years from separation for property and spousal support claims.
- Get legal advice before you sign any agreement that settles matters with your spouse.
Child support and parenting claims are not subject to that two-year limit. A lawyer can look at your dates and tell you which rules apply to your situation.
Frequently asked questions
If we get back together for a month, do we have to start the separation over?
Not necessarily. For property, the reconciliation rule needs at least 90 days in total within one year of separating and a main purpose of reconciling. If it is less, the original separation date stands for property purposes. For divorce, up to ninety days together does not interrupt the one-year period.
Can we be separated if we still live in the same house?
Yes. The Family Law Act says spouses may be separated while living in the same residence. Government guidance says a clear intention to separate permanently must be communicated and acted on.
Does a failed reconciliation change a property agreement we already signed?
Generally, the Family Law Act says its property division Part does not affect a division made under an agreement or order if the spouses later live together and separate again. Your own agreement's terms and your circumstances still matter, so confirm with a lawyer.
Do I need a lawyer to separate or divorce?
No lawyer is required to separate or get a divorce, and often no hearing is needed if both spouses agree and file the required forms. The BC government still says it is very important to speak to a lawyer before signing a document that settles matters with a spouse.
Sources
- Family Law Act, Part 1, s.3 — bclaws.gov.bc.ca
- Province of British Columbia – Am I separated? — www2.gov.bc.ca
- Province of British Columbia – Do I need a lawyer to separate or divorce? — www2.gov.bc.ca
- Province of British Columbia – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Divorce Act, RSC 1985, c 3 (2nd Supp), s.8 — Justice Laws (federal)
- Family Law Act, Part 5, s.83 — bclaws.gov.bc.ca
- Family Law Act, s.198(2) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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