My spouse and I are living in separate rooms and not sleeping together. Does that mean we are "legally separated?"

 

A: Not necessarily.  Separation means that the husband and wife have ceased "cohabitation."   Cohabitation, in turn, is not one single behavior--such as sleeping together--but a collection of behaviors in which husbands and wives typically engage.   These include, but are not limited to, eating together, performing household chores for one another, maintaining joint finances, and holding themselves out to the community as a couple.   When all vestiges of cohabitation have ceased, the parties can be said to have "separated", but this means more than not sleeping with or having sex with your spouse.


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Stafford, Virginia 22554
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