In Virginia, you are married under the law until the divorce is final.
That means that where fault is recognized in a divorce case, dating while your divorce is pending could be considered proof of adultery.
My ex had a girlfriend (she had nothing to do with breakup) and I dated. I know some people feel it's wrong to date when you are separated and not divorced. However, I decided that once my marriage was over emotionally, physically and spiritually, I didn't need a court-stamped document to tell me that I could get on with my life. If one or the other of you has no intention of remaining married, then to me the marriage is over and it's not cheating.
OP..to start off with, HE did cheat, He left, He moved on in a heartbeat! I would be reluctant to date a separated woman because the marriage isnt quite over yet. Since you are going to finalize yours when you sell your house, I would say in your case he is not cheating.
As for divorce, it will come with the sale of our home. That would depend on the reasons for the separation in my mind.
My husband of 11 years cheated on me with a co-worker. Since she is the one the relationship ended over I guess I have to accept that.
However, just because of the separation is it still cheating if he sees others besides her? He says because we are apart but not divorced it is ok for him to see others and is not cheating.
If you are separated but have intentions on working to get the m arriage back on track then its cheating.
How can you be working on your marriage with someone else in the picture.