Marital Communications Privilege

What is Marital Communications Privilege?

The communications privilege covers communications made during the marriage, and cannot be invoked to protect confidential communications between currently married spouses which occurred prior to their marriage. Unlike testimonial privilege, the communications privilege survives the end of a marriage, and may be asserted by a spouse to protect confidential communications that were made during the marriage—even after divorce or death.

Further Reading

For more detailed information, see our related Family Law terms:

• Fault Divorce
• Annulment
• Marital Residence
• Irreconcilable Differences
• Alimony Pendente Lite