I need clarification as to what is considered condonation. I discovered that my husband was having an affair 3 months ago. Neither one of us has moved from the marital home. I have had sex with him in our marital bed, but I make it clear that this doesn’t indicate that I forgive him. It has been pretty frequent during the last 3 months. Can you help me ascertain if this is considered condonation,

It is possible that continuing to live together as husband and wife for 3 months, continuing to have a sexual relationship, and continuing to hold yourself out to the public as being married and together would be considered condoning your husband’s presumably adulterous affair.

Unfortunately, there is no set criteria or bright-line rule for what is or is not condonation. Judges will look at factors such as whether or not the spouses continue to live together and if so, for how long, whether or not the spouses agreed to separate, whether or not the spouses engaged in marital counseling, whether or not the spouses continue a sexual relationship, etc.

Yes we have continued to live together, there is an intimate relationship, we haven’t gone out in together public after this has occurred [we hardly did that much prior]
I want a separation and he doesn’t, he has advised me continuously that it will never occur again,we have not sought marital counseling and I am not certain that we will. there has definitely been intimacy. It has occurred consistently everyday. I still prepare meals for us and we still engage in activities within the household that were done prior to the discovery of the affair.