SPOUSAL PRIVILEGE

Spousal privilege protects confidential communications between spouses — words exchanged in confidence during the marriage — from being admitted at trial. If a wife tells her husband something in confidence, that specific communication is generally inadmissible: the husband cannot testify about the content of that private conversation.

That protection, however, does not extend to observable conduct. A spouse may testify about what they personally saw, heard (outside the confidential communication), or otherwise observed — the wife’s actions, gestures, physical conduct, coming and going, or statements made to third parties are not shielded by spousal privilege simply because the parties are married. In short:

• Protected: confidential verbal or written communications made between spouses during the marriage (the spouse cannot be compelled to disclose those communications).

• Not protected: noncommunicative acts and observations — what one spouse saw the other do, physical evidence, actions in public, statements to others, or any behavior not part of a confidential marital communication.

Keep in mind variations by jurisdiction: some states recognize both testimonial privilege and marital communications privilege; others limit when privilege applies (e.g., crime-fraud exception, domestic violence exceptions, or privileges ending on divorce). Always check the controlling law for the case’s jurisdiction.