Living “separate and apart” means that you’ve stopped living as a typical married couple, you aren’t sleeping in the same bed, attending social events together, sharing meals, or cohabitating (having sexual relations).
Illinois law holds that for legal separation, the parties need not be living in separate households at the time the petition is filed, but must be living in separate households when the judgment for separation is granted. This provision may be helpful in cases where the couple may want to continue to live in the marital home during the pendency of the separation petition for financial or emotional reasons, particularly when minor children are involved.
