I have already said (some time ago) that the defence could bring that factor up as a strong point. It's not rocket science. However, that would only blow up in their faces since a prosecution would leverage that into an Oswald's state-of-mind deal.
Marina said that Lee told her he would see her and the children again that weekend. He wouldn't stay on Friday since he stayed Thursday (and Ruth Paine said she was surprised to see him on Thursday since he always - her word - called if he was going to visit in the middle of the week). Marina said they planned to work out their living arrangements over the Thanksgiving holiday.
Nothing, absolutely nothing about them divorcing or separating. In fact, just the opposite: they were going to try and work things out.
The first excuse was he always gave her money. Then when it was pointed out that it was nearly all of his money and he gave it on a Friday and not the usual Monday, we have the "they were separating" excuse.
Now that that's been proven wrong what will they come up with? It's always excuse after excuse after excuse. As I said before, there isn't another event in history that people discuss where one side engages in this type of defensive excuse making. They don't want to work out what happened; they want to clear Oswald. It's bizarre.