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Spousal Privilege
Spousal privilege is a legal protection that allows a married person to refuse to testify against their spouse, or to prevent their spouse from testifying about confidential marital communications, in court.
What it actually is
Spousal privilege actually consists of two distinct protections: the testimonial privilege permits a spouse to refuse to testify against their partner in a criminal case, while the marital communications privilege protects the confidentiality of private statements made between spouses during the marriage. It arises in court when a party seeks to compel a spouse to testify or to admit evidence of a private conversation, and the opposing spouse invokes the privilege to block that testimony or evidence.
Why it matters in your case
If you are facing a court case, spousal privilege can prevent your spouse from being forced to say things that could harm you, which may limit the evidence the other side can present. However, it also means your spouse cannot be compelled to help you, and the privilege typically belongs to the testifying spouse in federal courts and to the party spouse in some state courts, so you need to know who holds the right to invoke it.
The common misunderstanding
A common misunderstanding is that spousal privilege protects all communications between spouses in every situation, but it does not apply to crimes involving both spouses, ongoing or future crimes, or to cases where one spouse is suing the other. Additionally, the privilege generally ends when the marriage ends, though some protections for confidential communications may survive a divorce.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.