Separated but not divorced.Which case allows such situations

[mcovet]

There is the following situation:

Husband eea was separated from non eea wife for 3 years out of almost 4 they were married in the uk. She knows he exercised treaty rights during separation and as a matter of fact he obtained a doc certifying pr. Recently copy of which she has. Divorce was more or less amicable.

Question, there was case law i remember which said that until the couple are divorced, the non eea can keep deriving right of residence from the eea. The ukba wrote to her and stated that she must have lived at least 1 year TOGETHER with the eea?! Wrong interpretation and i wanted to find the exact case which deals with this situation. Anyone any ideas pls. Many many thanks.

[mcovet]

Anyone please! I definitely remember there was one such case! Would really prove helpful. Thx