Spouse waited til his non compete expired b4 starting his business in a neighboring state. The business is similair and will use his prior knowledge

The answer depends on the terms of the noncompete agreement and the state law that will apply. The law of noncompetition agreements varies from state to state, so what is true in one state will not be true necessarily in another state. Generally noncompete agreements will have a geographical limitation and a time limitation which must be reasonable. However, noncompete agreements can also protect confidential information which may not be subject to such limitations. For example, if the confidential information qualifies as a "trade secret," protection of the trade secret lasts as long as that information remains confidential. You should consult an attorney to discuss the allegations being made by the former employer.