Can I claim ligal seperation if my wife is not sleeping at home more then 5 days

New York State has an "abandonment" grounds to file for divorce, which may be what you are thinking of.  "Actual abandonment consists of the unjustified leaving of the marital home by one of the parties. If one of the parties leaves the marital home with the consent of the other party, there is no abandonment. Another form of abandonment is constructive abandonment, which is the unjustified refusal to engage in sexual relations with the other party. Again, if both parties consent to not engage in sexual relations, there is no constructive abandonment by either party. At the time of the commencement of the action, the abandonment must be one full year."   One thing to take note of, however, is that the abandonment requires that it continue for at least a year or more.  So five days of her not sleeping at home would not fall under those grounds. However, since New York State now allows a "no fault" divorce, you no longer need to satisfy any waiting period to file as long as you satisfy the jurisdictional requirements.  In fact, since the grounds for divorce have very little to no relation to equitable distribution or other matters related to the divorce, there is no reason to file for divorce under any other grounds except No Fault.