You are quite right, it doesn't factor at all that he's with someone else before things are legalized. My stbx is living off and on with this lady and it won't play a factor at all on the outcome of our divorce. So, don't even fret or lose any sleep that he's with another woman. Just look long term and realize..soon it will be a part of your past. That's what I do on a daily basis..good luck!