What is a Trial Separation in Ontario?
Understand how trial separations work, their legal implications, and whether a temporary break can help save your marriage.
Quick Answer
A trial separation is a temporary period where spouses live apart to evaluate their relationship without committing to permanent separation or divorce. It's not a formal legal status in Ontario — it's an informal arrangement couples use to gain perspective.
Trial separations typically last 3–6 months. If you reconcile within 90 days, the separation clock doesn't reset. If you stay apart longer, it may count toward the 12-month separation requirement for divorce.
Trial Separation vs. Permanent Separation
Understand the key differences between a temporary break and a legal separation.
Intent
Temporary break to evaluate the relationship
Decision to end the marriage permanently
Duration
Usually 3–6 months with a set end date
Indefinite — continues until divorce or reconciliation
Legal Status
Not a formal legal status — informal arrangement
Legally separated once you intend to end the marriage
Reconciliation
Expected outcome — couples often reconcile
Less likely — separation is usually final
Financial Arrangements
May continue joint finances temporarily
Separate finances, formal support agreements
Divorce Eligibility
Doesn't count toward 12-month requirement if you reconcile within 90 days
Counts toward 12-month separation requirement for divorce
7 Rules for a Successful Trial Separation
Follow these guidelines to make the most of your trial separation period.
Set a Clear Time Limit
Agree on a specific duration (e.g., 3 months, 6 months) with a set end date to reassess the relationship.
Define the Ground Rules
Discuss expectations: Can you date other people? How often will you communicate? Will you attend counseling?
Arrange Living Arrangements
Decide who stays in the home and who moves out, or whether you'll live separately under the same roof.
Address Financial Matters
Agree on how bills, mortgage, and expenses will be paid during the trial separation.
Create a Parenting Plan
If you have children, establish a temporary parenting schedule and decision-making arrangement.
Attend Counseling
Use the separation period to work on issues individually or as a couple with a therapist.
Reassess at the End
At the agreed-upon end date, decide whether to reconcile, extend the trial, or proceed with permanent separation.
Frequently Asked Questions
Not Sure If a Trial Separation Is Right for You?
A trial separation can have real legal consequences. Speak with one of our family lawyers to understand your rights and protect yourself before making any decisions.
Written & Reviewed By
Deepa Tailor
Principal Lawyer, Tailor Law Professional Corporation
Deepa Tailor is a family lawyer based in Mississauga, Ontario, with extensive experience in separation, divorce, and parenting matters. She is committed to helping clients navigate complex family law issues with clarity and compassion.
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