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Separation and the Law

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Becoming an unmarried spouse
Someone who is separated but still married can become a spouse in an unmarried relationship. Not everyone is in a rush to get a divorce once a marriage breaks down, and some people don't get around to getting a divorce until many years have passed since they separated.
If you are separated from your married spouse, you are still married and will continued continue to be married to that person until you get a divorce. If you enter into a new romantic relationship while you are separated, and live with the new person in a "marriage-like relationship" for more than two years or have a child with that person, you will be considered to be in an unmarried spousal relationship; it doesn't matter whether you're divorced or not.
If you find that you're married and also in a new relationship that qualifies as a spousal relationship: