Never lived with my husband would that be a legal seperation?

There are two requirements for a legal separation -- actually living separate and apart is the first part and the other requirement is that you must have the intent that the separation is permanent.  So, if at some point during the 2 years that you were married and living apart it became your intention that the separation was permanent, that is when your legal separation began. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.