EU4FAM retention of rights after divorce - 3 year marriage requirement

Hi all. I've gotten conflicting information from solicitors about the three year marriage requirement when making a retention application:

"i. Prior to initiation of the divorce, annulment or dissolution proceedings, the marriage or civil partnership lasted at least three years, including one year in the State..."

My timeline:

• May 2009 - Met EU citizen spouse while living in USA

• Dec 2009 - Moved in together

• Aug 2014 - Married

• Feb 2016 - Moved to Ireland

• Jul 2016 - Temp Stamp4 EUFAM granted

• Sep 2016 - Spouse moved out (not a legal separation and INIS was notified promptly)

• Dec 2016 - 5 year Stamp4 EUFAM granted

• Sep 2020 - Spouse filed for divorce (including affidavit saying there was an irretrievable breakdown of the marriage in September 2016)

• Jan 2021 - Divorce hearing scheduled

We both continue to live and work in Ireland.

I spoke to a solicitor in 2016, when my spouse first moved out. She said that I could apply for retention as long as the divorce was initiated after our three year anniversary in August 2017.

However, I spoke to a new solicitor last week, and he said my application would be rejected as my spouse moved out after only 2 years marriage, with 7 months of that in Ireland.

Has anyone ever made an application like this and been successful? Or is my application guaranteed to be rejected?