If he has spoken with a lawyer, then, that is it.... Period.... He is serious about this, no matter how 'noncommital' he may appear.... The last thing I would want to advise is to be a doormat and accept this kind of thing like a doormat. Like one other poster just said... living like that is like always waiting for the other shoe to drop... I would be asking myself if this was the kind of marriage that I wanted to save. Obviously, counseling has not been effective.
If I thought that my husband contacted a lawyer, then I would be seeking the best legal counsel that I could, immediately. I would take all the recommended steps to protect myself and my children's interests.
That is not paranoia, that is a completely reasonable response.
It is, IMHO, a very necessary response.
OP, if he has seen a lawyer (and even if he is bluffing, that is almost WORSE) then please take the advice given here.
I know it feels like your world is ending, and you are hurting....
Things WILL get better!!!!