My spouse found out I was having an affair in Dec 2008. The last “known” encounter was in November 2008. We separated in March 2009. I have continued seeing this person all along in secret and we intend to marry. The Third Party Waiver is still outstanding in our separation agreement. In the event that we never sign the agreement, is the paramour “safe” from a 3rd party claim after Nov 2011, or Dec 2011?