Help please EEA4 application - different address

[LolaS]

Hello,
I am a non EEA married to a Polish national since early 2004.
I have so far been given two stamps on my passport to stay in the UK, the last one is a 5 years visa that will expire in September 2011.
My husband has also obtained his permanent resident card last year, and he is still exercising treaty rights.
Although we are still married we do not live together anymore since 2008, but we are in very good terms.

I was advised that because we are still married and he is still exercising treaty right, under EU law I could send the EEA4 application with his documents and my documents to show that I have lived continuously in the UK for the past 5 years, in order to be confirmed PR. (My documents would show that for the past two years and a half I have been living at a different address in the UK.)

But just before submitting the application the lawyer called me back saying that he was no longer sure of his advice and because we were no longer residing at the same address I might not be able to apply for PR, because I am not diverced.

Is that the case? And if so what can I do now? Get a divorce or apply for an extension?
I have been in a different relationship for the past 2 years and a half with a EEA national, and have a small baby together now, can I apply because of my durable relationship with him while technically still married to another man?

Could you please help, I am very confused and received a lot of mixed advices.

[LolaS]

Anyone can help me?