What Is Marital Communication Privilege?
Marital communication privilege is a legal protection that allows spouses to keep private communications between them confidential in certain legal proceedings. In other words, one spouse generally cannot be forced to disclose private conversations they had with their partner, and the other spouse cannot compel them to testify about those communications in court.
This privilege exists to encourage open and honest communication between married partners without fear that their private conversations will be exposed in legal disputes. However, it only applies to confidential communications made during the marriage, and it can be waived if both spouses agree or in some limited exceptions, such as cases involving crimes against the other spouse or their children.
In personal injury or civil cases, marital communication privilege may come into play if one spouse is called to testify about private discussions with the other, but generally, private conversations between spouses are protected to maintain trust and privacy in the relationship.