My wife has declared that she is separating from me and has moved out. Since the date of the separation, I have discovered that she was texting and phoning with another man well before the separation. I have circumstantial evidence that they are now engaged in sexual relations, although I do not have anything to show they were having sex prior to the separation. My question is if I obtained concrete evidence of her sexual relations AFTER the separation, would this bar her from receiving alimony, and would the evidence of their texting prior to the separation be relevant?
The sexual relations that occurred after the date of separation are not a bar to alimony, but can be used as evidence for the court to infer the relationship began prior to the date of separation.