Non-EU spouse - EU settlement scheme

[Cervi]

Hi Guys,
Could I ask you clarify following situation please :
March 2019 - EU and non-EU person got married abroad
July 2019 - Non-EU spouse arrives to the UK after being granted EEA Family Permit
November 2019 - Spouse received Pre-Settled Status EU settlement scheme
January 2021 - Relationship breakdown, they started to live separately. No official divorce proceeding.

I spoke with solicitor who told me that Non-EU became illegal in the UK due to fact that living separately does not fulfil requirements of "marriage" according to the EU family settlement scheme.

On the other hand I've found that article online written on May-2018...
"Will I be able to remain in the UK after separating from my EEA national spouse? Another important point to remark is that because until the relationship is officially and legally terminated, the non-EEA family member continues to be treated as a family member no matter if the relationship has broken down. This means they are allowed to remain in the UK under the same conditions as before. This might seem an ideal situation for many, however, there are hidden dangers. The EEA national must continue to be residing in the UK as a qualified person for the non-EEA national spouse or civil partner to continue having the rights under the EEA Regulations."

Could you advise please if EU settlement scheme grants different right to Non-EU than previously EEA Family Member route .

Thank You