How do you interpret "separated"?

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?

For this purpose, "separated" would mean that you are NOT financially dependent on your husband... IMHO.

Here's some good info?

http://www.finaid.org/fafsa/headofhousehold.phtml

Check your state and/or county laws as you have to have a separate residence for X period of time before you can get the divorce; I don't know if for this form you have to have been in a separate residence for any period of time (but the above info says no state allows "separated" to mean cohabiting in same house)?

Perna, thank you, that link was so useful and answered my question. Here is what it says about "informal separation", which would be our category if we try to claim separation on the FAFSA:
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If the family claims to be informally separated, the school will want to see documentation that the couple did not cohabit

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That seems pretty clear. So he needs to move out.

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Check your state and/or county laws as you have to have a separate residence for X period of time before you can get the divorce

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In my state there is no requirement that you have separate residences before the divorce. Some couples live together up until the final divorce papers are signed. My state, however, does have a 90 day waiting period. After you file for divorce, you must wait a minimum of 90 days before you can become legally divorced and sign the final papers. I think this is to prevent ill thought out and rushed divorces.

My husband had to wait 5 years and his whole info had to do with the county where he filed rather than just the state. We actually moved to a different county, buying property/a house there, and he filed for divorce first as his ex- wanted alimony for life and the "new" county had never granted that (but the county we/his wife was in had).

When I went to the court house to pick up the papers for separation & for divorce (to compair them) I asked about when separation was considered to be & they said the same thing your lawyer said.

We are considered to have been separated about 12 years ago when I moved out for a few months & then when I came back, I have had my own room since then. Don't know what difference it makes in the overall scheme of things though.

For the FAFSA, you have to go by their definition

Debbie