Here are some of the basics to help you get clearer on his situation…
Again, a couple’s decision to permanently separate may not be considered a legal one unless one party files for legal separation instead of divorce. A legal separation results when the parties separate and a court rules on the division of property, alimony, child support, custody, and visitation — but does not grant a divorce.
This isn’t very common, but there are situations where spouses don’t want to divorce for religious, financial, or personal reasons, but do want the certainty of a court order that says they’re separated and addresses all the same issues that would be decided in a divorce.
He might be in the process of divorce, or the divorce papers might not have been filed at all.
Nolo.com, which is an online resource for legal information, explains the different types of separation this way: Trial separation.
Also, first realizing what you want in a happy, fulfilling relationship, and then figuring out what requirements you have that comprise a happy, fulfilling relationship, will make it easier for you to determine whether or not this relationship meets your personal needs.
In general, separation in the case where the still married couple is living apart (and not yet legally separated), is a very volatile time.When a couple lives apart for a test period, to decide whether or not to separate permanently, it’s called a trial separation.Even if the spouses don’t get back together, the assets they accumulate and debts they incur during the trial period are usually considered marital property.Also in some states, couples must live apart for a certain period of time before they are permitted to file for a no-fault divorce. When a couple decides to permanently split up, it’s often called a permanent separation.It may follow a trial separation, or may begin immediately when the couple starts living apart.In many cases, however, even if a man is ready to be separated, this can be a period of huge change and turmoil for him.