My STBX seems intent on concealing a long and ongoing affair during our divorce and insists will live alone after the divorce. My question is, what effect should this third party have on our financial negotiations (for a consent application)assuming the couple will cohabit after the divorce is settled, as I suspect? Currently we are still sharing the marital home, which is free of mortgage, and no children are involved. I am living on a pension and will live alone after divorce so need to retain as much of my savings as possible.
At the moment you will have to take his word for it. Ther is a box on form E about cohabitation and intent so technically if he breaches this, there would be some comeback.
It may be galling, especially as this is the reason your marriage ended, but your husband is entitled to a fair share of your assets regardless of his intentions. What he does with this share afterwards is up to him.