So trueYes and no.
I think he's waiting to see how things play out. Right now, he's a free man. He may think that he's completely off the hook and only LVD is in trouble. If he files for divorce, she may turn on him, and we don't know what she might have on him.
Also....I'm not a lawyer, but perhaps he's considering 'spousal privilege'. If that comes into play, I believe it means he can't be compelled to testify against LVD (and vice versa) as long as they are married.