Greetings. Yes, she may be able to use the infidelity against him. Yes, she may use the relationship for alimony, but generally not for distribution purposes. I would need more information to affect the right to sue for A of A and CC. No, the relationship (as you have described it) has not be condonned.
Best of luck (and get an attorney before you talk to her anymore).
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.