Legal Question in Family Law in North Carolina

First, there is no such thing as a 'legal separation' in North Carolina - you are simply either separated or you are not. Further, there is no requirement that anything be 'filed' in order to be separated. I am assuming he already dropped the insurance. If so that pretty much answers your question as to whether he 'can' do it. So then the real question becomes, is it legal? The answer to that is possibly, you'd need to consult a local attorney who can review the circumstances of your particular situation.