I don't believe your H called an attny let alone two. Here is why... NY State does NOT recognize a physical separation. The only separation NY State recognizes is a legal Separation Agreement that is filed in court. The day that document is filed is the day your separation begins. It is irrelevant when he moved out. You could live the rest of your life in separate households and NY would not recognize that as separated.

In order to have a Separation Agreement all assets/support must be decided although you remain legally married. After one year you can convert the Separation Agreement to a divorce using the Agreement as grounds.

90% of all divorces in NY are initiated via a Separation Agreement as the grounds are *very* stringent in this state to get divorced. Your H stated that TWO attnys told him legal separation in NY doesn't exist. He either grossly misunderstood TWO attnys or he is full of it that he even spoke with an attny.