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Is it legal for a husband to sue his own wife for credit card fraud?

I have been using a credit card that my husband knew I was using and continued to use it while we were separeted about 6 months ago. Now he wants to sue me for credit card fraud...but we are still married?? Is there any point to this?

Additional information
There has NOT been a petition filed for divorce yet. He removed me from the account but did not tell me he removed me.
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