Legal Definitions - marital-communications privilege

The marital-communications privilege is a legal protection that allows a spouse to prevent their current or former spouse from testifying in court about confidential conversations they had with each other during their marriage. The primary purpose of this privilege is to encourage open and honest communication between spouses, recognizing the unique intimacy and trust inherent in the marital relationship. For the privilege to apply, the communication must have been intended to be private and made within the context of a valid marriage. This privilege typically survives the end of the marriage, meaning that even after a divorce, one spouse generally cannot be compelled to reveal confidential communications made during the marriage.

• Example 1: Criminal Investigation

  Imagine a scenario where Mark is being investigated for a past financial crime. During their marriage, Mark privately confessed details of this crime to his wife, Sarah, believing their conversation was entirely confidential. Years later, Mark is formally charged, and the prosecution attempts to compel Sarah to testify about what Mark told her. Under the marital-communications privilege, Sarah could refuse to disclose those private conversations she had with Mark during their marriage, even if they are now divorced. This illustrates how the privilege protects confidential discussions between spouses from being revealed in court.

• Example 2: Civil Lawsuit

  Consider a situation where Emily and David, while married, had a private discussion about a sensitive business strategy for a company they jointly owned. They decided on a particular course of action that involved a significant financial risk. Later, the company faces a civil lawsuit from an investor who claims misrepresentation, and the investor's lawyers attempt to compel David to testify about the specific details of that private strategy discussion with Emily. Emily could invoke the marital-communications privilege to prevent David from revealing their confidential conversation, as it occurred during their marriage and was intended to be private. This demonstrates the privilege's application in protecting private business or financial discussions between spouses in a civil context.