If the two of you are living apart and at least one of you intends to remain apart, then you are separated.
Divorce from Bed and Board is a judge-ordered separation. It is an action filed when one spouse wants the other to be forced to leave the marital home due to that spouse’s misconduct.
AOA and CC are causes of action against a third party (the girlfriend). The amount of damages awarded depends on the extent of your actual damages and could potentially include punitive damages. The damage amount awarded, if any, will not be based on your husband’s income. The third party’s financial condition may be a factor in a damage award in this type of action.
Your husband’s income is one factor in a determination of alimony, as is any marital sexual misconduct he has committed, however.
David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.