My dependent spouse had an affair. If I had sex with them after the affair is the rule of no alimony completely gone or is there a case to be made that even though there was sex, forgiveness was not given?
Whether or not your spouse can plead Condonation( forgiveness of an affair) a defense to the statutory bar against her claim for alimony depends on the totality of the circumstances. It is certainly arguable that an isolated act of sexual intercourse does not constitute forgiveness.
So in saying this, If both party talked and both agreed to stop speaking and doing things against the marriage (both parties) and trying to work on the marriage, is that considered not forgiving the other?
In that situation I would say yes it is.