It could be possible for your husband to spread HSV1 or HSV2 to his ex-wife while he never had any symptom. My ex gave me HSV2 but during the two years with him, he never had outbreak. He got a good body, so he is always naked in the house, so I can see he really has no outbreak during those two years. However, Herpes is a very fair disease that the inital outbreak will come out 2-14 days after first infection from sexual contact. Besides, one will know if they had other sex partners or not. Also, the gynecologist of your husband's ex-wife can indicate whether she had Herpes before. My gynecologyist is a single 65 year old now, and he is very devoted to his work that once he drawn blood test from me, he performed all kind of tests. So he told me that since 20 year old I first saw him, he knew I had contracted Herpes at 24 year old. However, he does not advise me to go to the court for he said people can hire rich lawyers to make the case against me even if he can prove when I had herpes from my ex who deliberately spreaded to me. ( He told me he knew a girl who had Herpes after I told him I had Herpes, but denied had slept with the girl. Will a girl tell a guy these things without close to bed time contact? I believed he had slept with the girl and got Herpes from her. ) Also, there are people with only one or two outbreak in 10 years. If it is really your husband gaving to his ex-wife, it is fair for him to compensate her for the lost of health and money is so great already. Also, men are more promiscous than women.