Can an ex-spouse sue the new couple’s total assets for a past alienation of affection if the paramour does not have any assets of their own? To clarify, the paramour has no assets in their name other than a car and a small checking account. They marry another person who does not put anything in their name. If the ex-spouse brings action against the paramour before the 3 years are up, can they get compensation from the other spouse’s assets?
No, in an alienation of affection lawsuit you can only sue the paramour. If the plaintiff (the person suing) is awarded a judgment against the paramour, then it would be up to the paramour to use the resources available to him or her to comply with the judgment.
Be sure to check out our detailed article on alienation of affection: Infidelity and Alienation of Affection