Greetings. First, please make sure to read through our cites information on alienation of affection and criminal conversation. Now, to your questions:
Sleeping in a separate room of the same house would not be considered a legal separation. He could file a Divorce from Bed and Board while living with her, if she in fact has committed some marital fault. Otherwise, he needs to draft up and have her sign a separation agreement and then move out.
I would consider it inappropriate, and maybe an “affair.” The bottom line is that you need to determine if your actions will be actionable by someone else under alienation of affection and criminal conversation. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.