Can 1 spouse put a spyware program on their shared/owned computer at home to monitor infidelity questions during a separation?

This is a complicated question, and you should consult with your divorce attorney. It could be, and probably is, that the court has issued a temporary order, might even be a standing order, regulating your conduct vis-a-vis your spouse. This conduct could run you afoul of the rules laid down. Talk to your lawyer before doing anything like this.

Excellent Question. It depends on the type of Spyware program that your spouse used. Was it E-Blaster? Was your computer password protected? What type of information was taken from the computer? There are specific laws governing E-Discovery that govern the admissibility of evidence collected through a spyware program. You need to talk to an Attorney who practices exclusively in the area of Family Law that has dealt with this issue before, and litigated this issue in Court. Your current Attorney (if you have one) should file a Protective Order and request that the Court not allow any of the evidence collected by the spyware program to be admitted in Court, as it may violate Computer Privacy Law. If you don't have an attorney, then I strongly recommend that you get one, as this is a complicated issue to handle on your own.