This article addresses the marital confidences privilege. This privilege applies to confidential communications by spouses made during the course of their marriage. The privilege continues even after the termination of the marriage. The privilege protects communications only, but includes conduct that is communicative in nature. Under the prevailing view, both spouses hold the confidences privilege.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-67; GWU Legal Studies Research Paper No. 2018-67
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.32 Marital Confidences Privilege (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.32 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-67; GWU Legal Studies Research Paper No. 2018-67. Available at SSRN: https://ssrn.com/abstract=3277044