The period of separation begins on the date you and your spouse began living separate and apart with at least one of you having the intention not to resume the martial relationship.
It sounds like you and your spouse may have reconciled for a time after you began living separate and apart back in February of last year. Reconciliation restarts the clock on the date of separation. The two of you attending marriage counseling speaks to the intention one (or both of you may have had to resume your relationship), the financial support is not relevant to the date of separation, as many couples continue to co-mingle money and debt service after separation. With respect to the martial relations , one act, or even a few occasions of sexual intercourse will not reset the clock on the date of separation, however a holding out to the public that you are still living as a married couple will.
It really all goes to your intention.
If you and your spouse were attending counseling , having sex, and staying together overnight in the marital home regularly with the intention of getting back together I would say that the date of separation is not until those activities ceased.
If however the counseling was meant more to heal and work towards a better relationship for the sake of your children, or to recover from abuse and you did not co- habitate in the martial residence after February I would advise the February 2008 date is the correct date of separation
Erin E. Clarey
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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