By statute, the dependent spouse’s illicit sexual behavior, if found against that party, is an absolute bar to alimony (although not a bar to postseparation support) but only if the other spouse has not also engaged in illicit sexual behavior.
In a case where each party is shown to have engaged in such behavior, an award of alimony is within the court’s discretion. Reconciliation or the death of either party may also be pled as a basis for terminating the obligation to pay postseparation support or alimony.
