Whether or not an ex-wife can sue her husband's new wife over money owed from a divorce settlement depends on the specific circumstances and the laws of the jurisdiction involved. Generally, the obligations and responsibilities regarding a divorce settlement are between the divorcing spouses, and the new spouse is not directly liable for those obligations.
Here are some key points to consider:
Divorce Settlement Agreement: The divorce settlement agreement is a legal contract between the ex-spouses that outlines the division of assets, spousal support, child support, and any other financial arrangements. The new wife typically would not be a party to this agreement.
Spousal Support and Child Support: If the ex-husband has a legal obligation to pay spousal support or child support as per the divorce settlement, the responsibility to pay lies with him. The new wife is generally not legally obligated to cover these payments on his behalf.
Community Property States: In community property states, debts and obligations incurred during the marriage may be considered joint responsibility, but this would usually only apply to debts incurred during the marriage, not obligations arising from a divorce settlement.
Fraudulent Transfers: If the ex-husband attempts to transfer assets or money to his new wife to avoid paying the divorce settlement, it could be considered a fraudulent transfer. In such cases, the court may take action to enforce the original settlement.
Court Orders: If the ex-husband fails to comply with the divorce settlement and court orders related to financial obligations, the ex-wife can typically seek enforcement through legal means, such as garnishing wages, seizing assets, or other methods depending on the laws of the jurisdiction.
New Spouse's Income: In some cases, a court may consider the income and financial situation of the new spouse if it is believed that the ex-husband's financial situation has significantly changed due to the new marriage. However, this would depend on the specific circumstances and applicable laws.
It's crucial for both parties involved in a divorce to fully understand their legal rights and obligations. If there are concerns about non-compliance with a divorce settlement or financial support obligations, it's advisable to consult with a family law attorney to explore the available options and take appropriate legal action.