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Federal Evidence • Privileges
EVID#116
Legal Definition
The privilege of marital communications applies to communications between two persons during their marriage which are intended to be confidential.
These communications remain privileged even after termination of the marriage, and the privilege is held by both spouses.
These communications remain privileged even after termination of the marriage, and the privilege is held by both spouses.
Plain English Explanation
The marital communications privilege allows married couples to feel safe confiding in one another without worrying that their private conversations could later be revealed in court. It recognizes that marriages need trust and openness to thrive. So the law protects the confidentiality of communications made by one spouse to the other during marriage, as long as the communications were intended to be just between the two spouses.
The privilege continues even after a divorce. And it can be claimed by either spouse - the spouse who made the communication or the spouse who received it. This prevents one spouse from being forced to testify against the other about their private marital conversations.
Removing this privilege could damage marriages by making spouses hesitate to be honest and open with each other. It allows couples to share their innermost feelings, hopes, fears and secrets without worrying that they could someday be used against them.
The privilege continues even after a divorce. And it can be claimed by either spouse - the spouse who made the communication or the spouse who received it. This prevents one spouse from being forced to testify against the other about their private marital conversations.
Removing this privilege could damage marriages by making spouses hesitate to be honest and open with each other. It allows couples to share their innermost feelings, hopes, fears and secrets without worrying that they could someday be used against them.
Hypothetical
Hypo 1: Amy, who is planning a surprise party for her husband, Bob, discusses the details with Bob in their home. Later, in a legal dispute about a noise complaint from the party, the neighbor tries to use this conversation as evidence. Result: The conversation between Amy and Bob is protected by marital communications privilege and cannot be used in court.
Hypo 2: Bob confesses to Amy that he accidentally damaged a neighbor's property. When the neighbor sues Bob, they try to call Amy as a witness. Result: Amy can refuse to disclose Bob's confession in court because of the marital communications privilege. Note that even if Amy wanted to testify against Bob (maybe Amy is mad at Bob), the marital communications privilege would enable Bob to still invoke the privilege and prevent Amy from disclosing confidential marital communications in court.
Hypo 2: Bob confesses to Amy that he accidentally damaged a neighbor's property. When the neighbor sues Bob, they try to call Amy as a witness. Result: Amy can refuse to disclose Bob's confession in court because of the marital communications privilege. Note that even if Amy wanted to testify against Bob (maybe Amy is mad at Bob), the marital communications privilege would enable Bob to still invoke the privilege and prevent Amy from disclosing confidential marital communications in court.
