I have to fill out the financial aid forms for my daughter for college early in 2008. On this form (called the "FAFSA" in the U.S.), it asks about your marital status and gives these options: Unmarried, Married, Separated/Divorced.

There may be certain significant financial advantages for my daughter with regard to aid if I can check the "Separated/Divorced" box.

Currently my husband and I are living in the same house and working on our divorce (lawyer meetings, parenting plan, financial settlement, etc.).

I have been hoping to get us into separate residences before the end of the year so I can check that "Separated/Divorced" box on the FAFSA.

I had an interesting discussion with my lawyer yesterday. She said that living in separate residences isn't necessarily the definition of "separated." She said there is "legal separation", which is much like divorce and takes just as long to do. She also said that you can interpret "Separated" to mean when there was first no love between you anymore, when you decided you would not be spending the rest of your lives together, when one party emotionally withdrew from the relationship, when you moved to separate bedrooms in the house, when one partner first committed adultery, when you moved to separate residences, when you first separated your bank accounts, when you first meet with your lawyers and begin the divorce process, etc. etc. She said all of these have been argued in court successfully.

So I guess my question is, how should I interpret that question on the FAFSA? I had thought it meant we had to be living in separate residences, but my lawyer says not necessarily. Maybe it means "legally separated." Maybe it means sleeping in separate bedrooms. Who knows. Are my husband and I separated? Can I check that "Separated/Divorced" box on the FAFSA without having him move out?