No one gives a rats patootie what "kind of" marriage it was, long as it is still legally in effect. Least of all, a judge. I have heard a surprising number of people saying, "Well, we still live together, (or we haven't gotten a divorce yet) but we aren't "together" you know?"
And the judge said something like 'Ma'am, I don't care where you sleep!" You should've taken care of the legal issue of getting divorced from this man a long time ago. And really, you should hire an attorney to help you get this done now. He has the legal right if he so chooses, to drag this out and give you a lot of trouble, simply because, long and short of it, he is still, till the bitter end comes legally, your husband.