Is a spouse protected from criminal charges for stealing spouse's identity?

Answer 1

Yes. Your spouse is protected under law depending on the state you live in. I know all no fault states have Spouse protection from criminal charges if your spouse misuse your identity.

If your spouse stole your identity during legal seperation or during a divorce case, then yes you can file a police report and file criminal charges against your ex-spouse since you both are legally separated and not living together during the time the identity theft happened. If it happened during the time you two were together and also living together then no you can't file criminal charges against him since he is protected under the Spouse Protection Law. I suggest you hire a lawyer to clean this mess up and also figure out your rights.

Source:

I was not allowed to block stolen credit accounts on my credit report because my spouse was living with me at the time it happened and was responsible for the debt. Please remember to monitor your credit reports at all costs to make sure your spouse is not stealing your identity or money from you.