Legal Review
This guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Ontario family law.
Understand how trial separations work, their legal implications, and whether a temporary break can help save your marriage.
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.
Understand the key differences between a temporary break and a legal separation.
Temporary break to evaluate the relationship
Decision to end the marriage permanently
Usually 3–6 months with a set end date
Indefinite — continues until divorce or reconciliation
Not a formal legal status — informal arrangement
Legally separated once you intend to end the marriage
Expected outcome — couples often reconcile
Less likely — separation is usually final
May continue joint finances temporarily
Separate finances, formal support agreements
Doesn’t count toward 12-month requirement if you reconcile within 90 days
Counts toward 12-month separation requirement for divorce
Follow these guidelines to make the most of your trial separation period.
Agree on a specific duration (e.g., 3 months, 6 months) with a set end date to reassess the relationship.
Discuss expectations: Can you date other people? How often will you communicate? Will you attend counseling?
Decide who stays in the home and who moves out, or whether you’ll live separately under the same roof.
Agree on how bills, mortgage, and expenses will be paid during the trial separation.
If you have children, establish a temporary parenting schedule and decision-making arrangement.
Use the separation period to work on issues individually or as a couple with a therapist.
At the agreed-upon end date, decide whether to reconcile, extend the trial, or proceed with permanent separation.
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
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.
Explore more guides to help you navigate separation in Ontario.
Learn the exact steps to formally separate in Ontario and protect your legal rights.
Understand the key legal distinctions and what each status means for your future.
Practical guidance on recognizing when separation may be the right decision.
Everything you need to know about drafting and enforcing a separation agreement.
Our experienced family lawyers are here to help. Book a free 30-minute consultation today.