Judicial separation requires court order or recognition to qualify for statutory exclusion, not mere agreement-based separation. The phrase 'judicially separated' requires separation to be established, recognised or enforced by a court order; separations by agreement, mediation or informal living apart do not qualify for statutory exclusion. While non-cohabitation may arise from desertion or cruelty, only court-recognised separation meets the statutory criterion, and the term is contrasted with non-judicial arrangements rather than confined to a single technical form of decree.